二、加强宪法实施和监督工作 2. We strengthened efforts to ensure and oversee the enforcement of the Constitution.
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。常委会始终恪守宪法原则,履行宪法监督职责,大力弘扬宪法精神,坚决维护宪法权威,保证宪法全面有效实施。
Ensuring the full enforcement of the Constitution represents the most important and fundamental task in building China into a socialist rule of law country. With a continued commitment to upholding the principles of the Constitution, the Standing Committee has worked to fulfill its duty to oversee the enforcement of the Constitution, energetically promote the spirit of the Constitution, resolutely safeguard its authority, and ensure its full and effective enforcement.
(一)建立宪法宣誓制度。常委会审议通过《全国人民代表大会常务委员会关于实行宪法宣誓制度的决定》,以国家立法形式建立了我国的宪法宣誓制度,明确规定:“各级人民代表大会及县级以上人民代表大会常务委员会选举或者决定任命的国家工作人员,以及各级人民政府、人民法院、人民检察院任命的国家工作人员,在就职时应当公开进行宪法宣誓。”这是深入推进依法治国、依宪治国的重大举措。宪法宣誓誓词,体现了国家工作人员对祖国对人民应有的忠诚、担当和庄严承诺。实行宪法宣誓制度,将有力地激励和教育国家工作人员忠于宪法、遵守宪法、维护宪法,加强宪法实施和监督。
1) We introduced a system of pledging allegiance to the Constitution.
The Standing Committee examined and adopted the Decision of the Standing Committee of the National People’s Congress on Implementing the System of Pledging Allegiance to the Constitution, thereby establishing the system into national law. The decision stipulates, “All those who are elected or appointed to public office by people’s congresses at all levels or by the standing committees of people’s congresses at and above the county level as well as by people’s governments, people’s courts, and people’s procuratorates at all levels shall make a public pledge of allegiance to the Constitution when they officially assume office.” This is a major measure for promoting governance of the country based on the Constitution and other laws. The words of the pledge embody the sense of loyalty, responsibility, and commitment that public servants are expected to have toward their country and people. The practice of pledging allegiance to the Constitution will play an important role in urging public servants to remain loyal to, comply with, and safeguard the Constitution, which in turn will help us in our efforts to ensure and oversee the enforcement of the Constitution.
(二)实施宪法规定的特赦制度。为了纪念中国人民抗日战争暨世界反法西斯战争胜利70周年,贯彻党中央决策部署,根据宪法有关规定,常委会通过关于特赦部分服刑罪犯的决定,国家主席发布特赦令,对参加过中国人民抗日战争、中国人民解放战争等4类部分服刑罪犯实行特赦。这是新中国成立以来第八次、也是改革开放以来第一次实行特赦,是实施宪法规定的特赦制度、贯彻全面依法治国和体现人道主义精神的新实践,具有重大政治意义和法治意义。
2) We exercised constitutional stipulations on amnesty.
In commemorating the 70th anniversary of the victory in the Chinese War of Resistance against Japanese Aggression and in the Global War against Fascism, and acting in line with the decisions and plans of the CPC Central Committee, the NPC Standing Committee, in compliance with the relevant provisions of the Constitution, adopted a decision on granting amnesty to certain prisoners. The President of China issued an order, granting amnesty to prisoners falling into four categories, with one category being those who fought in the War of Resistance and those who fought in the War of Liberation. This marks the eighth time since the founding of the People’s Republic of China, and the first time since the introduction of the reform and opening up policy, that amnesty has been granted in China. The granting of amnesty represents a new step that has been taken to implement the system of amnesty as stipulated in the Constitution, advance the law-based governance of China in all areas, and apply the spirit of humanitarianism, and therefore has major political and legal implications.
(三)制定国家勋章和国家荣誉称号法。国家功勋荣誉表彰制度是宪法规定的国家重要制度。为了依法褒奖作出突出贡献的杰出人士,培育和弘扬社会主义核心价值观,增强中国特色社会主义事业的凝聚力和感召力,常委会根据宪法第67条第16项的规定,在总结以往授勋实践经验基础上,起草并审议通过了国家勋章和国家荣誉称号法。这部法律,明确了国家勋章和国家荣誉称号的设立、授予对象、授予程序等最主要、最基本的制度,为推动建立健全党和国家功勋荣誉表彰制度体系奠定了重要法治基础。
3) We enacted the Law on National Medals and Titles of Honor.
The system of national awards and honors is an important system stipulated in the Constitution. In order to commend and award those who have made outstanding contributions to our country, foster and promote the core socialist values, and enhance the cohesiveness and appeal of socialism with Chinese characteristics, the Standing Committee, in accordance with Paragraph 16 under Article 67 of the Constitution and on the basis of a review of the past experience in granting medals and awards, drafted and then deliberated and passed the Law on National Medals and Titles of Honor. This law has defined the most important and fundamental provisions concerning national medals and honorary titles, such as the establishment of such medals and titles, eligible recipients, and awarding procedures, thereby laying down an important legal basis for establishing and improving relevant systems of Party and state awards and honors.
(四)健全规范性文件备案审查制度。对规范性文件实行备案审查,是维护宪法尊严、保证国家法制统一的重要制度。常委会以贯彻实施修改后的立法法为契机,加强备案审查制度和能力建设。常委会工作机构与有关方面共同建立法规、规章和规范性文件备案审查衔接联动机制。经过多年的努力,我国各类法规、规章、司法解释和规范性文件都已纳入备案审查范围;经审查,发现有违反宪法法律的,依法依规予以撤销和纠正,实行有件必备、有备必审、有错必纠。一年来,常委会工作机构对“一府两院”报备的30多件行政法规、司法解释逐件进行审查,对部分地方性法规开展主动审查,研究各方面提出的200多件审查建议,认真做好备案审查工作。
4) We improved the recording and review system for normative documents.
The recording and review of
normative documents constitutes an important system for safeguarding the
authority of the Constitution and
ensuring legislative consistency. Seizing on the opportunity provided by the
implementation of the revised Legislation
Law, the Standing Committee took steps not only to improve the system of
recording and reviewing normative documents, but also to enhance its capacity
to implement this system. The working bodies of the Standing Committee, working
in collaboration with relevant departments, established a mechanism for
coordinating the recording and review of regulations, rules, and other
normative documents. Thanks to years of efforts, all types of regulations,
rules, judicial interpretations, and other normative documents have been
brought under the scope of recording and review, and we have worked to see to
it that any normative document that is found to, through review, conflict with
the Constitution or any other law is
rescinded or corrected in accordance with the law and relevant regulations. Our
policy in this regard is to ensure that all normative documents are kept on
record, all documents on record are examined, and all mistakes discovered in
these documents are rectified. Over the past year, the working bodies of the
Standing Committee reviewed over 30 administrative regulations and judicial
interpretations submitted by the State Council, the Supreme People’s Court, and
the Supreme People’s Procuratorate. They have also taken the initiative to
review certain local regulations, studying over 200 suggestions from various
departments. In doing so, they have ensured proper recording and review of
normative documents. |
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