NEWS

Recently, the Chinese Government website released the "State Council 2023 Legislative Work Plan". The legislative projects involve:

State Council issued [2023] No. 18

The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government, all ministries and commissions of the State Council, and all agencies directly under the State Council:

The "State Council 2023 Legislative Work Plan" has been approved by the Party Central Committee and the State Council and is now issued to you. Please implement it conscientiously.

Office of the State Council

May 31, 2023

(This article has been deleted)

2023 is the first year for comprehensively implementing the spirit of the 20th National Congress of the Communist Party of China. It is also an important year for the beginning of the comprehensive construction of a modern socialist country. The overall requirements for the State Council's legislative work in 2023 are: under the strong leadership of the Party Central Committee with Comrade Xi Jinping as the core, adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly study and implement Xi Jinping Thought on the Rule of Law, and comprehensively implement the 20th Anniversary of the Party. In the spirit of the First and Second Plenary Sessions of the 20th Central Committee of the Communist Party of China, we deeply understand the decisive significance of the "two establishments", adhere to the organic unity of the party's leadership, the people's ownership of the country, and the rule of law, strengthen legislation in key areas, emerging areas, and foreign-related fields, and improve The socialist legal system with Chinese characteristics with the Constitution as the core promotes development and ensures good governance with good laws, providing a solid legal guarantee for comprehensively building a modern socialist country and comprehensively promoting the great rejuvenation of the Chinese nation.

Ⅰ. Conscientiously study, publicize and implement the spirit of the 20th National Congress of the Communist Party of China, and adhere to Xi Jinping’s rule of law thought to guide legislative work in the new era and new journey.

The 20th National Congress of the Communist Party of China is a very important meeting held at a critical moment when the whole Party and the people of all ethnic groups are embarking on a new journey of comprehensively building a modern socialist country and marching towards the second centenary goal. The report of the 20th National Congress of the Communist Party of China profoundly explains a series of major theoretical and practical issues in upholding and developing socialism with Chinese characteristics in the new era, and outlines a grand blueprint for comprehensively building a modern socialist country and comprehensively promoting the great rejuvenation of the Chinese nation. The journey to develop the cause of the party and the country and achieve the second centenary goal has pointed out the direction and established a guide for action. We must persist in implementing the spirit of the 20th National Congress of the Communist Party of China into the entire process and all aspects of legislative work, and constantly promote the legislative work in the new era and new journey to show a new atmosphere, achieve new achievements, and achieve new results.

Xi Jinping’s Thought on the Rule of Law is a major theoretical innovation that combines Marxist rule of law theory with the specific realities of China’s rule of law construction and China’s excellent traditional legal culture. It is the fundamental guideline for comprehensively governing the country by law in the new era and new journey. The report of the 20th National Congress of the Communist Party of China made major arrangements for "adhering to the comprehensive rule of law and promoting the construction of a rule-of-law China" and proposed a series of new concepts, new thoughts and new strategies, which further enriched and developed Xi Jinping's thought on the rule of law. It is necessary to adhere to Xi Jinping's rule of law thought to guide legislative work in the new era and new journey, continuously improve the quality and efficiency of legislative work, better play the role of the rule of law in consolidating the foundation, stabilizing expectations, and benefiting the long-term, and lay a solid foundation for comprehensively promoting the rule of law in all aspects of the country's work. .

Ⅱ. Highlight legislative priorities and ensure the overall work of the Party and the country with high-quality legislative services

Focusing closely on the major decisions and arrangements and goals and tasks made by the 20th National Congress of the Communist Party of China, we will conduct an in-depth analysis of the legislative needs for promoting Chinese-style modernization, insist on highlighting key points and putting urgent needs first, scientifically and rationally arrange legislative projects, and better serve and protect the major issues of the Party and the country. Decision deployment.

In terms of accelerating the construction of a new development pattern and striving to promote high-quality development, the Standing Committee of the National People's Congress is invited to review the draft tariff law, the draft atomic energy law, the revised draft anti-money laundering law, and the revised draft arbitration law. Formulate regulations for non-bank payment institutions, regulations for the disciplinary action of state-owned enterprise managers, and local financial supervision and management regulations, and revise the State Council's regulations on declaration standards for concentration of undertakings and regulations for the management of commercial encryption. Prepare to submit to the National People's Congress Standing Committee for deliberation the draft National Development Planning Law, the draft Consumption Tax Law, the revised draft Railway Law, the draft revised Fisheries Law, the draft Telecommunications Law, the draft revised Anti-Unfair Competition Law, the draft revised Measurement Law, the draft revised Foreign Trade Law, The draft amendments to the Accounting Law, the draft amendments to the Certified Public Accountants Law, the draft amendments to the Tax Collection and Management Law, the draft amendments to the Commercial Bank Law, the draft amendments to the Banking Supervision and Administration Law, the draft amendments to the People's Bank of China Law, and the draft amendments to the Insurance Law. We are preparing to formulate urban public transportation regulations, several regulations of the State Council on comprehensive anti-smuggling management, regulations on the supervision and management of listed companies, and prepare to revise road transportation regulations.

In terms of solidly promoting administration according to law and accelerating the construction of a law-based government, the National People's Congress Standing Committee is invited to review the draft revision of the Public Security Management Punishment Law. Revise the implementation measures of the Archives Law. The draft revisions to the Road Traffic Safety Law, the People's Police Law, the Customs Law, the Statistics Law, the Institution Operation Guarantee Law, the Prison Law, and the Lawyers Law are ready to be submitted to the Standing Committee of the National People's Congress for deliberation. Prepare to formulate regulations on government data sharing, and prepare to revise regulations on procedures for formulating administrative regulations, regulations on procedures for formulating rules, and regulations on the filing of laws and regulations. Improve the legal system for ethnic work. Promote national anti-corruption legislation.

In terms of implementing the strategy of rejuvenating the country through science and education and promoting cultural self-confidence and self-reliance, the Standing Committee of the National People's Congress is invited to review the draft revision of the Cultural Relics Protection Law, the draft revision of the Science and Technology Popularization Law, the draft Degree Law, and the draft Preschool Education Law. Formulate regulations on the online protection of minors and revise the implementation details of the Patent Law. The draft revision of the Teachers Law, the draft Radio and Television Law, and the draft Artificial Intelligence Law are prepared to be submitted to the Standing Committee of the National People's Congress for review. Preparing to formulate regulations on safety management of biotechnology research and development, and preparing to revise regulations on the National Natural Science Foundation. Strengthen legal protection of intellectual property rights.

In terms of improving people's livelihood and well-being and improving people's quality of life, the Standing Committee of the National People's Congress is invited to review the draft revision of the Law on the Prevention and Control of Infectious Diseases, the draft revision of the Frontier Health and Quarantine Law, the draft Public Health Emergency Response Law, and the draft Social Assistance Law. We will formulate regulations on social insurance and amend the regulations on pensions and preferential treatment for military personnel and the regulations on human organ transplantation. The draft Pharmacist Law, the draft Medical Security Law, and the revised draft Organic Law of Urban Residents' Committees are to be submitted to the National People's Congress Standing Committee for review. We are preparing to formulate regulations for the implementation of the Consumer Rights Protection Law, regulations for the management of clinical research and transformation of new biomedical technologies, and are preparing to revise regulations for urban water supply, national fitness regulations, and anti-doping regulations.

In terms of promoting green development and promoting the harmonious coexistence between man and nature, the Standing Committee of the National People's Congress is invited to review the draft revision of the Mineral Resources Law and the draft Energy Law. Formulate ecological protection compensation regulations and water conservation regulations. The draft amendment to the Entry and Exit Animal and Plant Quarantine Law and the draft National Park Law are prepared to be submitted to the Standing Committee of the National People's Congress for review. We are preparing to formulate interim regulations on the management of carbon emission trading and prepare to revise the regulations on the management of ozone-depleting substances.

In terms of improving the national security legal system and safeguarding national security and social stability, the Standing Committee of the National People's Congress is invited to review the draft Food Security Law and the revised draft Law on Keeping State Secrets. Formulate regulations on network data security management, coal mine safety production regulations, consular protection and assistance regulations, and interim regulations on unmanned aircraft flight management. The draft of the Farmland Protection Law, the draft of the Hazardous Chemicals Safety Law, the draft of the National Comprehensive Fire Rescue Team and Personnel Law, and the revised draft of the Civil Aviation Law are prepared to be submitted to the Standing Committee of the National People's Congress for review. We are preparing to formulate regulations on the export control of dual-use items and prepare to revise the regulations on the external use of the national emblem. Improve the legal system for preventing and controlling cybercrime.

Efforts should be made to complete legislative work related to the reform of party and state institutions and the transformation of government functions.

Draft laws that need to be submitted to the National People's Congress and its Standing Committee for deliberation in order to speed up the modernization of national defense and the military, as well as administrative regulations that need to be formulated and revised, shall be submitted to the State Council and the Central Military Commission for deliberation in a timely manner.

In order to promote world peace and development, actively participate in the reform and construction of the global governance system, promote the building of a community with a shared future for mankind, and carry out review work on relevant international treaties.

For other legislative projects assigned by the Party Central Committee and the State Council, we must handle them promptly and complete the drafting and review tasks as soon as possible.

For other legislative projects that are under study but not included in the legislative work plan, relevant departments will continue to study and demonstrate.

Ⅲ. Improve the legislative system and mechanisms and continuously improve the quality and efficiency of legislative work

Uphold and strengthen the party's overall leadership over legislative work. Unswervingly adhere to the centralized and unified leadership of the Party Central Committee as the highest political principle in legislative work, improve the Party’s leadership system that oversees the overall situation and coordinate all parties, improve the implementation mechanism of the Party Central Committee’s major decisions and arrangements, and ensure that political stance, political direction, and political We maintain a high degree of consistency with the Party Central Committee with Comrade Xi Jinping as the core in terms of principles and political path. Legislative work should always be carried out around the major decisions and arrangements of the Party Central Committee, and the Party's leadership should be implemented in all aspects and links of legislative work to ensure that the Party's ideas become the will of the country through legal procedures. Conscientiously implement the spirit of General Secretary Xi Jinping’s important speeches and important instructions on legislative work, and regard the major legislative matters and major legislative projects assigned by the Party Central Committee as the top priority in legislative work to ensure high-quality and efficient completion. Major decisions, major matters, and important situations in legislative work must be reported to the Party Central Committee in a timely manner and in accordance with procedures. Legislative work plans and major legislative projects must be submitted to the Central Committee for Comprehensive Law-based Governance for review as required. The legal status of work related to party leadership should be clearly stipulated in important laws and regulations, and the review of drafts of important laws and regulations should provide explanations for the implementation of the party's leadership requirements.

Strengthen the coordination and connection between government legislation and National People's Congress legislation. Actively coordinate with the National People's Congress Standing Committee's legislative plan, annual legislative plan and special legislative plan, and conscientiously prepare for the review of legal bills. When drafting laws, relevant departments should take the initiative to strengthen contact and communication with relevant special committees and working bodies of the Standing Committee of the National People's Congress. If the law clearly requires supporting provisions, the relevant departments shall make provisions as required to ensure the effective implementation of the law. Give full play to the important role of National People's Congress deputies in legislative work, pay attention to listening to the opinions of National People's Congress deputies in relevant fields or with relevant professional backgrounds, and better integrate the handling of National People's Congress deputies' suggestions with legislative work.

We will further promote scientific legislation, democratic legislation, and legislation in accordance with the law. We must persist in promoting reform under the rule of law and improving the unity of the rule of law in reform, and guide, promote, standardize, and guarantee major national reforms. Adhere to scientific legislation, conduct in-depth analysis of new situations and new issues, respect the objective laws of economic and social development, and enhance the pertinence and applicability of the legal system. Adhere to democratic legislation, strengthen legislative investigation and research work, expand the coverage and representativeness of public participation in legislation, and better play the "through train" role of grassroots legislative contact points in being grounded, observing people's sentiments, listening to public opinion, and gathering people's wisdom. Adhere to legislation in accordance with the law, embody the provisions, principles and spirit of the Constitution into various laws and regulations, conscientiously implement the newly revised Legislation Law, and ensure that legislation complies with the spirit of the Constitution and the provisions of higher-level laws. Coordinate the establishment, reform, abolition, interpretation and compilation, accelerate the cleanup of laws and regulations that do not meet the requirements of economic and social development and do not comply with the provisions of higher-level laws, pay attention to the connection and coordination between laws and regulations, and better play the important role of legal norms at different levels. Improve and strengthen the filing and review work, adhere to the principle of "everything is necessary, every preparation must be reviewed, and any mistakes must be corrected", strengthen the capacity building of filing and review, increase the intensity of review, improve the quality and efficiency of review, and better safeguard the unity of the country's rule of law.

Continue to improve the level of local legislative work. Local people's governments with legislative power should combine the needs of local economic and social development and the needs of the people, promote the refinement of legislation, and give full play to the executive, supplementary, and exploratory role of local legislation. It is necessary to further improve the legislative work system, flexibly use "small incision" and "small and quick" legislation, and continuously improve the quality and efficiency of local legislative work. It is necessary to strictly abide by local legislative authority and procedures, and avoid ultra vires legislation, duplication of legislation, and blind legislation. It is necessary to establish and improve the regional collaborative legislation working mechanism, carefully summarize the practical experience of regional collaborative legislation innovation, and improve the level of regional collaborative legislation.

Vigorously strengthen the construction of the legislative work team. Highlight political standards, educate and guide the legislative work team, always adhere to Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era to unify thoughts, will, and actions, deeply study and implement Xi Jinping Thought on the Rule of Law, and continue to promote revolutionization, regularization, specialization, and professionalization . In accordance with the Party Central Committee’s decision-making and deployment on the training of legal talents, special trainings are planned and organized to enrich practical training platforms and do a good job in cultivating and reserving high-quality legislative talents. Vigorously strengthen the construction of legislative work teams in districted cities and autonomous prefectures, allocate necessary work forces, and continuously improve the political quality, legal literacy and practical ability of legislative staff.

Ⅳ. Strengthen responsibility and effectively implement the legislative work plan

All departments of the State Council must attach great importance to legislative work, strictly implement legislative work plans, strengthen organizational leadership, improve working mechanisms, promote task implementation, and give full play to the basic and protective role of legislation in comprehensively promoting the rule of law in all aspects of national work.

The drafting department must conscientiously perform its drafting duties, do a solid job in research and argumentation, opinion collection, risk assessment and other tasks, and complete drafting tasks with high standards and quality in accordance with the requirements of the legislative work plan. It is necessary to carry out in-depth investigation and research, adhere to a problem orientation, accurately grasp the outstanding problems existing in the work, and research and propose targeted solutions. Attention should be paid to listening to opinions from all sides, and full consultation should be carried out if the responsibilities of other departments are involved. If the division of responsibilities of departments, administrative licensing, financial support, and preferential tax policies are involved, the consent of the relevant departments such as organizational establishment, review and reform, finance, and taxation should be obtained. It is necessary to strengthen communication and coordination with relevant departments, and major differences of opinion that are difficult to resolve should be reported promptly and in accordance with procedures. It is necessary to strengthen communication with the Ministry of Justice and promptly report the solicitation of opinions from all parties, the existence of major differences of opinion and their coordination and handling.

The Ministry of Justice must conscientiously perform its legislative review duties, strengthen the review and control of legislative projects, increase overall organization and coordination, and comprehensively promote the implementation of the legislative work plan. For major legislative projects that urgently need to be introduced, we should coordinate efforts, intervene in advance, accelerate promotion, and jointly draft and submit joint reports when necessary. It is necessary to strictly control the quality of review, ensure that draft laws and regulations comply with the provisions, principles and spirit of the Constitution, and comply with the relevant requirements of legislative laws and administrative regulations and procedures. It is necessary to coordinate the advancement of legislative projects, strengthen consultation, research and judgment, supervision and guidance, and ensure that they are submitted for review on schedule. It is necessary to strengthen legislative coordination work, be good at "cutting the same knife" on the focus of conflicts, and avoid protracted delays in legislative projects due to individual disagreements. If consensus cannot be reached after full coordination, the Ministry of Justice and the drafting department shall promptly report the matter in accordance with procedures and put forward work suggestions.

Appendix

The legislative items specified in the "State Council 2023 Legislative Work Plan" and the units responsible for drafting them

Ⅰ. Legal bills to be submitted to the National People’s Congress Standing Committee for review (17 cases)

1. Draft Food Security Law (drafted by the National Development and Reform Commission and the State Grain and Reserves Administration)

2. Draft revision of the Law on the Prevention and Control of Infectious Diseases (drafted by the National Health Commission and the State Administration of Disease Control and Prevention)

3. Draft revision of the Cultural Relics Protection Law (drafted by the Ministry of Culture and Tourism and the State Administration of Cultural Heritage)

4. Draft revision of the Public Security Administration Punishment Law (drafted by the Ministry of Public Security)

5. Draft revision of the Frontier Health and Quarantine Law (drafted by the General Administration of Customs)

6. Draft revision of the Mineral Resources Law (drafted by the Ministry of Natural Resources)

7. Draft revision of the Science and Technology Popularization Law (drafted by the Ministry of Science and Technology)

8. Draft of the Public Health Emergency Response Law (drafted by the National Health Commission and the National Administration of Disease Control and Prevention)

9. Draft Degree Law (drafted by the Ministry of Education)

10. Draft Preschool Education Law (drafted by the Ministry of Education)

11. Draft Tariff Law (drafted by the Ministry of Finance and the General Administration of Customs)

12. Draft Energy Law (drafted by the National Development and Reform Commission and the National Energy Administration)

13. Draft Atomic Energy Law (drafted by the Ministry of Industry and Information Technology and the State Administration of Science, Technology and Industry for National Defense)

14. Draft Social Assistance Law (drafted by the Ministry of Civil Affairs and the Ministry of Finance)

15. Draft revision of the Anti-Money Laundering Law (drafted by the People's Bank of China)

16. Draft revision of the Arbitration Law (drafted by the Ministry of Justice)

17. Draft revision of the Law on Keeping State Secrets (drafted by the State Secrets Administration)

Prepare to submit to the National People's Congress Standing Committee for deliberation the draft National Development Planning Law, the draft Consumption Tax Law, the revised draft Railway Law, the draft revised Fisheries Law, the draft Telecommunications Law, the draft revised Anti-Unfair Competition Law, the draft revised Measurement Law, the draft revised Foreign Trade Law, The draft amendments to the Accounting Law, the draft amendments to the Certified Public Accountants Law, the draft amendments to the Tax Collection and Management Law, the draft amendments to the Commercial Bank Law, the draft amendments to the Banking Supervision Law, the draft amendments to the People's Bank of China Law, the draft amendments to the Insurance Law, the draft amendments to the Road Traffic Safety Law, Draft revision of the People's Police Law, draft revision of the Customs Law, draft revision of the Statistics Law, draft revision of the Law on Guaranteeing the Operation of Institutions, draft revision of the Prison Law, draft revision of the Lawyers Law, draft revision of the Teachers Law, draft Radio and Television Law, draft Artificial Intelligence Law, and draft Pharmacist Law , draft medical security law, draft amendment to the organic law of urban residents committees, draft amendment to the Entry and Exit Animal and Plant Quarantine Law, draft national park law, draft farmland protection law, draft hazardous chemicals safety law, draft national comprehensive fire rescue team and personnel law , Draft amendment to the Civil Aviation Law.

Ⅱ. Draft administrative regulations to be reviewed (17 items)

1. Regulations on Non-bank Payment Institutions (drafted by the People’s Bank of China)

2. Regulations on the Punishment of Managerial Personnel of State-owned Enterprises (drafted by the Ministry of Justice, the State-owned Assets Supervision and Administration Commission of the State Council, and the Ministry of Finance)

3. Regulations of the State Council on the Standards for Notification of Concentrations of Undertakings (Revised) (Drafted by the State Administration for Market Regulation)

4. Local Financial Supervision and Administration Regulations (drafted by the People’s Bank of China)

5. Commercial Cryptozoology Management Regulations (Revised) (Drafted by the State Cryptozoology Administration)

6. Implementation Measures for the Archives Law (Revised) (Drafted by the State Archives Administration)

7. Patent Law Implementing Rules (Revised) (Drafted by the State Intellectual Property Office)

8. Regulations on the Internet Protection of Minors (drafted by the Cyberspace Administration of China)

9. Regulations on Pensions and Preferential Treatments for Military Personnel (Revised) (Drafted by the Ministry of Veterans Affairs, the Political Work Department of the Central Military Commission, and the Logistics Support Department of the Central Military Commission)

10. Social insurance handling regulations (drafted by the Ministry of Human Resources and Social Security and the National Medical Insurance Administration)

11. Regulations on Human Organ Transplantation (Revised) (Drafted by the National Health Commission)

12. Ecological Protection Compensation Regulations (drafted by the National Development and Reform Commission)

13. Regulations on water conservation (drafted by the Ministry of Water Resources, the Ministry of Housing and Urban-Rural Development, and the National Development and Reform Commission)

14. Network Data Security Management Regulations (drafted by the Cyberspace Administration of China)

15. Coal Mine Safety Production Regulations (drafted by the Ministry of Emergency Management and the State Bureau of Mine Safety Supervision)

16. Regulations on Consular Protection and Assistance (drafted by the Ministry of Foreign Affairs)

17. Interim Regulations on Unmanned Aircraft Flight Management (Drafted by the Ministry of Transport and the Joint Staff Department of the Central Military Commission)

Prepare to formulate regulations on urban public transportation, several regulations of the State Council on comprehensive anti-smuggling management, regulations on the supervision and management of listed companies, regulations on government data sharing, regulations on safety management of biotechnology research and development, regulations on the implementation of the Consumer Rights Protection Law, and clinical research on new biomedical technologies. and transformation and application management regulations, interim regulations on the management of carbon emissions trading, dual-use items export control regulations, preparations for revision of road transportation regulations, administrative regulations formulation procedures regulations, rules formulation procedures regulations, regulations and filing regulations, National Natural Science Foundation regulations, Urban water supply regulations, national fitness regulations, anti-doping regulations, ozone-depleting substance management regulations, and measures for the external use of the national emblem.

Ⅲ. Other legislative projects to be completed

1. Legislative projects involving the reform of party and state institutions, transformation of government functions, etc.

2. Accelerate legislative projects related to national defense and military modernization

3. Other legislative projects assigned by the Party Central Committee and the State Council

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