二、以提高立法质量为核心，立法工作迈出新步伐 2. We
made progress in our legislative work, with the focus on raising the quality of
legislation.
一年来，常委会审议了15件法律和有关法律问题的决定草案，通过了其中的10件；涉及修改21部法律，新制定2部法律。
Over the past year, the Standing
Committee deliberated 15 bills and draft decisions on legal issues, of which
ten of them were passed; and revised 21 laws and enacted two.
第一，适应经济社会发展需要，相继完成一批重点立法项目。为促进旅游业持续健康发展，常委会制定旅游法，重点保障旅游者的合法权益，规范旅游市场秩序和经营活动，完善旅游纠纷解决机制，并明确规定了政府在规划、促进和监管旅游业发展等方面的责任。我国各类锅炉、压力容器、电梯、大型游乐设施等特种设备使用广泛。常委会制定的特种设备安全法，重点强化了特种设备生产安装、经营使用、维护保养、检验检测等全过程监管，确立了特种设备身份管理制度、质量责任追溯制度、产品召回和报废制度等，对于依法加强特种设备安全监管、保护人民群众生命财产安全具有重要意义。常委会对与人民群众生活密切相关的消费者权益保护法作出重要修改，从充实细化消费者权益、强化经营者义务与责任、规范网络购物等新型消费方式、更好发挥消费者协会作用等方面，进一步完善相关法律规定，维护消费市场秩序，保护消费者合法权益。常委会还修改商标法，进一步简化商标注册、审查程序，扩大商标注册范围，厘清驰名商标保护制度，严格商标侵权行为的法律责任。
First, we finished a number of
key legislative projects to meet the needs of economic and social development.
In order to ensure sustained, sound development of tourism, the Standing
Committee enacted the Tourism Law,
the main purpose of which is to protect the legitimate rights and interests of
tourists; maintain order and standardize business activities in the tourism
market; improve mechanisms for solving tourism disputes; and clarify the
government’s role in planning, promoting and overseeing the development of
tourism. In light of the wide use of special equipment such as boilers,
pressure vessels, elevators and escalators, and large recreational equipment in
China, the Standing Committee enacted the Special Equipment Safety Law to
stress the whole process of oversight and supervision of such equipment from
manufacturing and installation to operation and use, maintenance, and
inspection and testing, and then put in place systems for special equipment’s
identity management, quality accountability, and product’s recalling and
scrapping. This significantly strengthens safety oversight and supervision of
special equipment and better protects people’s life and property in accordance
with the law. The Standing Committee made significant revisions to the Law on the Protection of Consumers’ Rights
and Interests, which is closely related to people’s lives. The revised law
maintains market order and safeguards consumers’ legitimate rights and
interests by specifying them in greater detail, increasing the obligations and
responsibilities of managers, standardizing online shopping and other new types
of consumption, and giving consumers’ associations a bigger role to play. The
Standing Committee also revised the Trademark
Law, streamlined trademark registration and examination procedures, made
more items eligible for registration as trademarks, improved the protection
system for famous trademarks, and tightened legal responsibilities for
trademark infringement.
常委会对环境保护法修订草案进行了两次审议。常委会组成人员强调，要充分认识环境保护工作的紧迫性、长期性和复杂性，深入分析环境问题产生的深层次原因，通过完善法律制度，加强环境管理过程控制，强化污染物排放行为监管，加大违法行为惩治力度，着力解决群众反映强烈的大气、水、土壤污染等环境突出问题，努力从根本上扭转环境质量恶化趋势。常委会还审议了资产评估法草案和行政诉讼法、军事设施保护法、安全生产法修正案草案等。
The Standing Committee
deliberated draft revisions to the Environmental
Protection Law twice. Its members stressed the need to be fully aware that
protecting the environment is an urgent and complex task that requires
long-term efforts. It is necessary to fully analyze the deep-rooted reasons for
environmental problems, work to solve prominent environmental problems that the
people are concerned about, such as air, water and soil pollution, and strive
to fundamentally reverse environmental deterioration by improving laws and
regulations, strengthening supervision over the process of environmental
management, tightening oversight of the discharge of pollutants, and inflicting
harsher punishments for illegal practices. The Standing Committee also
deliberated the draft of the Asset
Evaluation Law and the draft revisions to the Administrative Procedures Law, the Military Facilities Protection Law and the Law on Production Safety.
第二，及时通过相关决定、决议，保证重大改革依法有序进行。贯彻落实中央部署和十二届全国人大一次会议批准的《国务院机构改革和职能转变方案》，常委会采取一揽子修改的方式，先后通过关于修改文物保护法等12部法律的决定、关于修改海洋环境保护法等7部法律的决定，授权国务院在中国（上海）自由贸易试验区暂时调整有关法律规定的行政审批，取消和下放一批行政审批事项，创新对外开放模式，改革工商登记制度。这有利于进一步简政放权，激发经济社会发展活力，使市场在资源配置中起决定性作用和更好发挥政府作用。
Second, we adopted timely
decisions and resolutions to ensure law-based, orderly progress of major
reforms. In carrying out arrangements made by the CPC Central Committee and
implementing the Plan for the Reform of
State Council Bodies and the Transformation of Their Functions approved at
the First Session of the Twelfth NPC, the Standing Committee decided to revise
a package of laws and adopted the decision to revise 12 laws including the Law
on the Protection of Cultural Relics and the decision to revise the Law on the
Protection of the Marine Environment and six other laws. It also authorized the
State Council to make provisional adjustments to items subject to its review
and approval required by law, eliminate or delegate a number of items requiring
its review and approval, create new patterns for opening to the outside world,
and reform the industrial and commercial registration system in the China
(Shanghai) Pilot Free Trade Zone. This helped further streamline administration
and delegate more power to lower-level governments, invigorate economic and
social development, ensure that the market plays a decisive role in allocating
resources and make the government better play its role.
党的十八届三中全会明确提出，废止劳动教养制度，逐步调整完善生育政策。国务院提出相关议案后，常委会经过认真审议，通过关于废止有关劳动教养法律规定的决定，明确废止全国人大常委会的相关决议及《国务院关于劳动教养问题的决定》、《国务院关于劳动教养的补充规定》；通过关于调整完善生育政策的决议，启动实施一方是独生子女的夫妇可生育两个孩子的政策。
The Third Plenary Session of the
Eighteenth CPC Central Committee clearly stipulated that the system for
reeducation through labor be abolished and progressive adjustments and
improvements be made to birth policies. After the State Council put forward
motions to that effect, the Standing Committee carried out careful deliberation
and adopted the decision to repeal laws and regulations concerning reeducation
through labor and unequivocally revoked previous resolutions of the NPC
Standing Committee on this punishment as well as two documents of the State
Council concerning it – the Decision of
the State Council on Reeducation through Labor and the Supplementary Regulations of the State Council on Reeducation through
Labor. It also adopted the decision to adjust and improve birth policies
and introduced the policy allowing couples to have a second child if one parent
is an only child.
第三，通过有关历史纪念日的决定，进一步弘扬爱国主义精神。为了牢记历史、不忘过去、珍爱和平、开创未来，常委会根据近年来全国人大代表、全国政协委员和社会各界人士提出的建议，审议通过了关于确定中国人民抗日战争胜利纪念日的决定，将9月3日确定为中国人民抗日战争胜利纪念日；审议通过了关于设立南京大屠杀死难者国家公祭日的决定，将12月13日设立为南京大屠杀死难者国家公祭日。全国人大常委会以立法形式确立这两个纪念日，对于进一步凝聚全国各族人民的意志和力量，实现中华民族伟大复兴的中国梦，促进人类和平与发展的崇高事业，具有十分重要的意义。
Third, we adopted decisions on
anniversaries of some historical events and promoted patriotism. In order to
ensure that the Chinese people bear history firmly in their mind, not forget
the past, treasure peace, and break new ground, the Standing Committee
deliberated and adopted the decision on making September 3rd Victory Day in the
Chinese People’s War of Resistance against Japanese Aggression and the decision
on making December 13th National Memorial Day for Nanjing Massacre Victims. The
legal framework created by the NPC Standing Committee to establish these two
anniversaries played a significant role in pooling the will and strength of the
people of all of our ethnic groups, realizing the Chinese Dream of the great
rejuvenation of the Chinese nation, and promoting the lofty cause of human
peace and development.
第四，积极推进科学立法、民主立法，着力提高立法质量。当前，人民群众对立法的期盼，是法律管不管用、能不能解决实际问题。常委会把提高立法质量摆在更加突出的位置，完善立法工作机制和方式，立法科学化、民主化水平不断提高。
Fourth, we worked vigorously to
make legislation more scientific and democratic and raise its quality. At
present, what the general public expects of our legislative work is that laws
work well and are capable of solving practical problems. The Standing Committee
gave higher priority to raising the quality of legislation, improved the
mechanisms and methods of legislative work, and constantly made legislation
more scientific and democratic.
一是增强法律的可执行性、可操作性。针对一些法律规定比较原则、需要制定的配套法规和规章过多等问题，强调要科学严密设计法律规范，能具体就尽量具体，能明确就尽量明确，努力使制定和修改的法律立得住、行得通、切实管用。常委会在制定特种设备安全法的过程中，认真总结特种设备安全监管实践经验，对二次审议稿作出较大幅度的补充和细化，仅法律草案条文就从72条增加到了101条。
1) We made laws more enforceable
and practicable. Because some laws are too general and need too many supporting
regulations and rules, the Standing Committee emphasized that laws must be
scientific and well-conceived and as specific and explicit as possible in order
to ensure that all enacted and revised laws are well grounded, enforceable, and
practicable. When enacting the Special
Equipment Safety Law, the Standing Committee carefully reviewed practical
experience in overseeing and supervising special equipment safety and greatly
amplified the second draft of the law submitted for deliberation and made it
more detailed, increasing its draft clauses from 72 to 101.
二是探索法律出台前评估工作。在旅游法草案提请审议表决前，我们邀请部分全国人大代表、旅游者和旅游经营者、专家学者召开座谈会，对法律草案内容的可行性、法律出台时机以及实施后的社会效果等进行综合评估，为立法决策提供参考。此后，又针对3部法律草案开展法律出台前评估。实践证明，这有利于把正向思维和逆向思维结合起来，既重视法律适用对象和专家学者的意见，也认真考虑法律执行部门的意见，使得立法工作更加科学周全。
2) We explored ways to assess
laws before their promulgation. Before the draft of the Tourism Law was
submitted for deliberation and vote, we invited some NPC deputies, tourists,
travel agencies and experts to a conference at which comprehensive assessments
were made of the feasibility of the draft and the timing of the law’s
promulgation, as well as its social effect after implementation to provide
reference materials for making legislative decisions. Later on, such assessments
were made of three other draft laws. Experience has proven that this is
beneficial to integrating forward and reverse thinking and giving consideration
not only to the opinions of experts and people affected by the laws but also to
the comments of law enforcement departments, thus making our legislative work
more scientific and comprehensive.
三是完善公布法律草案征求意见机制。在向社会公布法律草案一次审议稿的基础上，明确法律草案二次审议稿也要向社会全文公布，继续广泛征求各方面意见和建议。同时，健全公众意见采纳情况反馈机制，积极回应社会关切。在制定旅游法、修改商标法和消费者权益保护法的过程中，针对公众反映比较集中的零负团费、强迫购物等旅游乱象，商标审查时间过长、网络购物实行无理由退货等问题，从法律上作出明确规定。
3) We improved the mechanism for
promulgating draft laws for public suggestions. By promulgating first drafts,
we made it clear we will also make full texts of second drafts known to the
public to further solicit comments and suggestions of everyone. At the same
time, we improved the mechanism for giving feedback to people and actively
responded to their concerns. In the process of enacting the Tourism Law and revising the Trademark Law and the Law on the Protection of Consumers’ Rights
and Interests, we provided explicit legal provisions on issues of greatest
concern to the public, such as deceptive zero-fee tours, forced shopping and
other irregularities in the tourism market, the overly long trademark review
period, and the problem of getting unconditional refunds when cancelling a
purchase made online.
一年来，常委会还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4件，决定和批准任免一批国家机关工作人员。
Over the past year, the Standing
Committee ratified four treaties or agreements with foreign countries or
international conventions that China concluded, and made decisions on and
approved the appointment or removal of a number of employees in state bodies. |
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