今后一年的主要任务 Major
Tasks for This Year
全国人大常委会2015年工作的总体要求是:全面贯彻党的十八大和十八届三中、四中全会精神,高举中国特色社会主义伟大旗帜,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,坚持党的领导、人民当家作主、依法治国有机统一,紧紧围绕全面建成小康社会、全面深化改革、全面依法治国、全面从严治党的战略布局,依法行使职权、积极开展工作,充分发挥最高国家权力机关在建设社会主义法治国家中的重要作用,坚决维护宪法法律权威,弘扬社会主义法治精神,为实现“两个一百年”奋斗目标、实现中华民族伟大复兴的中国梦作出新贡献。
In 2015, the overall requirements
for the work of the NPC Standing Committee are as follows: comprehensively
implement the guidelines of the 18th National Party Congress and the third and
fourth plenary sessions of the 18th CPC Central Committee; hold high the great
banner of socialism with Chinese characteristics; follow the guidance of Deng Xiaoping Theory, the important
thought of Three Represents, and the Scientific Outlook on Development; put
into practice the guiding principles from General Secretary Xi Jinping’s major
speeches; 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; and focus on the strategic goals of finishing building a moderately
prosperous society in all respects, comprehensively deepening reform, fully
advancing law-based governance of China, and promoting all-round strengthening
of Party self-conduct as we perform our functions and powers and carry out our
work in accordance with the law. We also need to give full play to the NPC’s
role as the highest organ of state power in building China into a socialist
rule of law country; uphold the authority of the Constitution and other laws; promote socialist rule of law; and
make new contributions toward achieving the Two
Centenary Goals* and realizing the Chinese Dream of the great rejuvenation
of the Chinese nation.
(* The Two Centenary Goals are to finish building a moderately prosperous
society in all respects by the time the CPC celebrates its centenary in 2021;
and to turn China into a modern socialist country that is prosperous, strong,
democratic, culturally advanced, and harmonious by the time the People’s
Republic of China celebrates its centenary in 2049.)
一、完善以宪法为核心的中国特色社会主义法律体系 I.
Improving the socialist system of laws with Chinese characteristics, at the
heart of which is the Constitution
贯彻党的十八届四中全会精神,坚持立法先行,抓住提高立法质量这个关键,实现立法和改革决策相衔接,做到重大改革于法有据、立法主动适应改革和经济社会发展需要,发挥立法的引领和推动作用。
As we implement the guidelines of
the Fourth Plenary Session of the 18th CPC Central Committee, we need to begin
with legislation, focusing on the key task of improving the quality of
legislation. We will coordinate our legislative work with the country’s
decisions on reform to make sure that all of the country’s major reforms have a
legal basis, and that legislative work is carried out proactively to meet the
needs of reform as well as economic and social development, thereby letting
legislation play its role of guiding and driving reform and development.
(一)健全宪法实施和监督制度。全面贯彻实施宪法,是建设社会主义法治国家的首要任务和基础性工作,必须把宣传、树立和维护宪法权威作为全面推进依法治国的重大事项抓紧抓好。完善全国人大及其常委会宪法监督制度,健全宪法解释程序机制,建立宪法宣誓制度。认真做好规范性文件备案审查工作,依法撤销和纠正违宪违法的规范性文件。
1. We
will improve the systems for enforcing the Constitution
and for overseeing its enforcement.
Enforcing the Constitution is a priority and a
fundamental task in building China into a socialist rule of law country.
Spreading knowledge about the Constitution
and establishing and safeguarding its authority among the public must be viewed
as major tasks in fully advancing the law-based governance of the country, which
should be carried out properly and without delay. We will improve the mechanism
by which the NPC and its Standing Committee oversee the enforcement of the Constitution, put in place sound
procedures and mechanisms to interpret the Constitution,
and develop a system of pledging allegiance to the Constitution for officials assuming office. We will work hard to
ensure proper record-keeping and review of normative documents, and to see
that, in accordance with legal procedures, any normative document that conflicts
with the Constitution or other laws
is rescinded or corrected.
(二)加强重点领域立法。从经济社会发展实际需要出发,突出重点、统筹兼顾,科学确定立法项目。一是完善社会主义市场经济法律制度,修改证券法、促进科技成果转化法、种子法、农村土地承包法、广告法等,抓紧研究启动民法典编纂工作。二是健全民主政治立法,修改选举法、地方组织法、代表法、行政复议法等。推进反腐败国家立法,研究修订行政监察法。三是推进社会领域立法,制定社区矫正法、反家庭暴力法、中医药法、慈善事业法,修改食品安全法、红十字会法,通过刑法修正案(九)。四是加强文化、教育、生态领域立法,制定公共文化服务保障法、国家勋章和国家荣誉称号法,修改大气污染防治法、有关教育法律等。五是推进国家安全法治建设,制定国家安全法、反恐怖主义法、境外非政府组织管理法、网络安全法等。
2. We
will advance legislation in key areas.
Keeping closely in mind the
practical needs in the country’s economic and social development, we will adopt
a coordinated approach with clear priorities and establish legislative tasks in
a well-conceived way.
First, we will improve the system
of laws for the socialist market economy. We will make revisions to the
following laws: the Securities Law,
the Law on Promoting the Application of
Scientific and Technological Advances, the Seed Law, the Law on the
Contracting of Rural Land, and the Advertising
Law; we will intensify our efforts to research and begin work on developing
a civil code.
Second, we will improve
legislation on democracy. We will revise the Electoral Law for the National People’s Congress and Local People’s
Congresses, the Organic Law of the
Local People’s Congresses and Local People’s Governments, the Law on Deputies to the National People’s
Congress and Deputies to Local People’s Congresses, and the Law on Administrative Review. We will
develop national legislation to fight corruption and work out revisions to the
Law on Administrative Supervision.
Third, we will push forward with
legislation concerning social issues. We will work on a community correction
law, an anti-domestic violence law, a law on traditional Chinese medicine, and
a charity law. We will revise the Food
Safety Law and the Law on the Red
Cross Society, and pass Amendment IX
to the Criminal Law.
Fourth, we will advance
legislation concerning cultural, educational, and ecological issues, work to
formulate a law for guaranteeing public cultural services and a law on national
medals and titles of honor, and revise the Air
Pollution Prevention and Control Law as well as educational laws.
Fifth, we will uphold the rule of
law in our efforts to advance national security. We will formulate a national
security law, an anti-terrorism law, a law on the management of international
NGOs in China, and a cyber-security law.
(三)完善立法体制机制。发挥全国人大及其常委会在立法工作中的主导作用。调整常委会立法规划。建立由全国人大相关专门委员会、常委会工作委员会组织有关方面参与起草重要法律草案机制,建立健全专门委员会、工作委员会立法专家顾问制度。加强立法工作力量,提高立法工作能力。
3. We
will improve our legislative systems and mechanisms.
The NPC and its Standing
Committee will continue to play the dominant role in legislative work. We will
make adjustments to the legislative plans of the Standing Committee. We will
establish a mechanism by which the NPC’s special committees and the working
committees of the NPC Standing Committee organize relevant departments to
participate in the drafting of major laws, and establish a sound system whereby
specialists act as legislative advisors to the special committees of people’s
congresses and to the working committees of the standing committees of people’s
congresses. By strengthening the ranks of those working on legislation, we will
improve our capacity for carrying out legislative work.
加强人大对立法工作的组织协调,健全立法机关主导、社会各方有序参与立法的途径和方式。更多发挥人大代表参与起草和修改法律的作用,广泛征求代表意见并认真研究采纳。贯彻加强社会主义协商民主建设的精神,开展立法协商。健全立法机关和社会公众沟通机制,拓宽公民有序参与立法途径,加强立法宣传工作。健全向地方人大征询立法意见机制,探索建立基层立法联系点制度。增强立法针对性,推进立法精细化,不断提高立法工作水平。
We will ensure that the NPC
better organizes and coordinates legislative work and improve the channels and
ways through which legislative bodies lead legislation and other sectors of
society participate systematically. We will expand the role played by NPC
deputies in the drafting and revising of laws by extensively consulting with
them, and then following up on and adopting their useful suggestions. We will
hold consultations on legislation with a view to putting into practice the
guidelines for strengthening the development of socialist consultative
democracy.
We will improve the mechanisms by
which legislative bodies communicate with the general public, expand the
channels for citizens’ systematic participation in the legislative process, and
enhance the publicity of legislative work. We will create better mechanisms for
soliciting comments on legislation from local people’s congresses, and explore
ways of staying connected to local communities on legislative issues. We will
continue to improve our legislative work by making legislation more targeted
and refining the legislative process.
二、加强对法律实施情况和“一府两院”工作的监督 II.
Strengthening oversight over compliance with laws and over the work of the
State Council, the Supreme People’s Court, and the Supreme People’s
Procuratorate
习近平总书记指出:“人民代表大会制度的重要原则和制度设计的基本要求,就是任何国家机关及其工作人员的权力都要受到制约和监督。”
全国人大及其常委会要担负起宪法法律赋予的监督职责,维护国家法制统一、尊严、权威。
General Secretary Xi Jinping
stated that “the important principle behind the system of people’s congresses
and the basic requirement of its institutional design are to subject the
exercise of power by all state organs and their employees to constraints and
oversight.” The NPC and its Standing Committee must perform their
constitutional and legal duties of oversight and safeguard the unity, sanctity,
and authority of the country’s legal system.
(一)加强对法律实施情况的监督检查。适应全面推进依法治国新形势,促进“一府两院”依法行政、公正司法,保证法律得到正确有效实施。安排检查水污染防治法、消费者权益保护法、农业法、民族区域自治法、老年人权益保障法、职业教育法等6部法律的实施情况,进一步加大执法检查力度,增强执法检查的权威性、针对性和实效性。
1. We
will increase efforts to monitor and inspect compliance with laws.
Adapting to the new situation in
fully advancing the law-based governance of the country, we will facilitate the
State Council’s efforts toward carrying out administration in accordance with
the law and the efforts of the Supreme People’s Court and the Supreme People’s
Procuratorate to administer justice in an impartial way, ensuring that laws are
enforced properly and effectively.
We will arrange inspections of
compliance with the Law on the Prevention
and Control of Water Pollution, the Law
on the Protection of Consumers’ Rights and Interests, the Agriculture Law, the Law on Regional Ethnic Autonomy, the Law on Guaranteeing the Rights and Interests
of Senior Citizens, and the Law on
Vocational Education. We will intensify efforts to inspect law enforcement
and make our work in this regard more authoritative, targeted, and effective.
(二)加强对“一府两院”工作的监督。适应经济发展新常态,推动中央重大决策部署贯彻落实。听取审议国务院关于新型信息化建设推动信息化和工业化深度融合发展、自由贸易试验区工作进展、公共文化服务体系建设、稳定和完善农村土地承包关系、深化医药卫生体制改革等工作情况和计划执行情况的报告。加强对司法活动的监督,听取审议最高人民法院关于行政审判、最高人民检察院关于刑罚执行监督等工作情况的报告。
2. We
will step up oversight over the work of the State Council, the Supreme People’s
Court, and the Supreme People’s Procuratorate.
Adapting to the new normal in the
country’s economic development, we will give impetus to implementing the major
policies and plans of the CPC Central Committee.
We will listen to and deliberate
on reports from the State Council regarding its work and progress in promoting
deeper integrated development of information technology and industrialization
through the application of new advances in information technology, facilitating
development of the pilot free trade zones, developing the system of public
cultural services, stabilizing and improving rural land contract relations, and
deepening reform of the medical and health care systems.
We will strengthen oversight over
judicial activities, and listen to and deliberate on the Supreme People’s Court’s
report on judgments in administrative cases and the Supreme People’s
Procuratorate’s report on its oversight over the enforcement of penal
decisions.
(三)加大对预算决算的监督力度。审查批准预算决算和监督预算的执行,是各级人大及其常委会的一项法定职权。修改后的预算法,对预算决算审查监督的范围、审查的程序和重点内容、监督的主体和责任等,作出了新规定、提出了新要求。我们要以全面贯彻实施新修改的预算法为契机,切实加强对预算决算的审查和监督。听取审议决算、审计工作和预算执行情况报告,审查批准2014年中央决算;听取审议国务院关于加强政府债务管理情况的报告,围绕完善国有资本经营预算进行专题调研。
3. We
will strengthen oversight over budgets and final accounts.
Examining and approving
government budgets and final accounts and overseeing the implementation of
budgets are legally mandated powers of all levels of people’s congresses and
their standing committees.
The revised Budget Law has made new provisions and set forth new requirements
concerning the scope of government budgets and final accounts subject to review
and oversight, the review procedures and areas of priority, and the bodies
charged with exercising oversight and their responsibilities. We will make the
most of the opportunity that comes with implementing the revised Budget Law to
earnestly strengthen review and oversight over budgets and final accounts.
We will listen to and deliberate
over reports on the government’s final accounts, auditing work, and
implementation of budgets, and review and approve the central government’s
final accounts for 2014. We will listen to and deliberate on a report from the
State Council on strengthening the management of government debt, and carry out
research on how to improve budgeting for state capital operations.
着眼于增强监督针对性和实效性,继续探索完善监督工作方式方法。发挥专题询问的作用,结合听取审议水污染防治法执法检查、职业教育法执法检查等报告开展专题询问。加强跟踪监督,安排听取审议国务院关于研究处理大气污染防治法执法检查报告及审议意见情况的反馈报告、关于审计查出突出问题整改落实情况的报告。围绕“十三五”规划纲要编制工作若干重要问题开展专题调研,安排听取审议相关专题调研报告。
We will continue to explore ways
to improve oversight work in order to make it more targeted and effective. We
will strengthen the role of special inquiries, and carry out special inquiries
during our listening to and deliberation over reports on inspections of the
enforcement of the Law on the Prevention
and Control of Water Pollution and the
Law on Vocational Education.
We will strengthen follow-up
oversight, and make arrangements for listening to and deliberating on the State
Council’s feedback report on how it has responded to our report on inspections
of the enforcement of the Air Pollution
Prevention and Control Law and our comments, as well as its report on its
work to correct the serious problems uncovered through auditing.
We will carry out research on
certain major issues in compiling the
13th Five-Year Plan and make arrangements for listening to and deliberating
on the reports produced therein. |
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