2015年全国人民代表大会常务委员会工作报告（中英对照）

中文版：全国人民代表大会常务委员会工作报告.doc 

英文版：Report on the Work of the Standing Committee of the National People’s Congress.doc

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

 

——2015年3月8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。2014年9月5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.