2015年全国人民代表大会常务委员会工作报告（中英对照）

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12月4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9月30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.