二、依法行使监督职权,实行正确监督、有效监督 2. Exercising law-based, proper, and effective oversight
人大及其常委会监督“一府两院”的工作和实施有关法律情况,是人民代表大会制度的内在要求和制度安排,体现了国家一切权力属于人民的宪法原则。常委会要把宪法法律赋予的监督权用起来,紧扣党中央提出的新发展理念、改革举措、法治要求,坚持问题导向,坚持监督与支持相统一,确保宪法法律得到有效实施,促进“一府两院”依法行政、公正司法,推进结构性改革,推动“十三五”规划纲要全面实施。
The oversight by the NPC and its Standing Committee over the work of the State Council, the Supreme People’s Court, and the Supreme People’s Procuratorate, and over compliance with laws, is an inherent requirement and institutional design of the system of people’s congresses and a practice that embodies the constitutional principle that all state powers belong to the people. The Standing Committee must effectively exercise the power of oversight granted to it by the Constitution and other laws, bearing close reference to the new vision of development, reform measures, and requirements for rule of law introduced by the CPC Central Committee. Taking a problem-oriented approach, the Standing Committee will integrate oversight with support; ensure the effective enforcement of the Constitution and other laws; and facilitate the efforts of the State Council to carry 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, so as to advance structural reform and ensure comprehensive implementation of the 13th Five-Year Plan.
(一)加强宪法实施监督。加强宪法宣传教育,弘扬宪法精神,开展好国家宪法日有关活动,组织好全国人大及其常委会选举、决定任命的国家工作人员宪法宣誓工作。加强备案审查工作,对新制定的行政法规、司法解释逐件进行主动审查研究,有重点地探索开展对地方性法规的主动审查,认真做好对各方面提出的审查建议的研究处理、反馈等工作,维护国家法制统一和宪法法律权威。
1) We will strengthen oversight over the enforcement of the Constitution.
We will intensify publicity and education on the Constitution, promote the spirit of the Constitution, hold activities on the National Constitution Day, and organize government officials elected or appointed by the NPC or its Standing Committee to pledge allegiance to the Constitution. We will step up the recording and review of normative documents; take the initiative to review newly-formulated administrative regulations and judicial interpretations on an item-by-item basis; explore the Standing Committee-initiated review of local statutes in key areas; and carefully study, handle, and respond to suggestions from various sectors during reviews, so as to uphold the unity of our legal system and the authority of the Constitution and other laws.
(二)加强对法律实施情况的监督。检查食品安全法、水法、促进科技成果转化法、环境保护法、道路交通安全法、安全生产法等6部法律的实施情况;结合审议食品安全法、环境保护法、安全生产法等3个执法检查报告开展专题询问,增强针对性和实效性;加强跟踪督办,听取审议国务院关于研究处理老年人权益保障法、食品安全法执法检查报告及审议意见情况的反馈报告。听取审议国务院关于出境入境管理法执行情况的报告。开展水污染防治法实施情况专题调研。
2) We will strengthen oversight over compliance with laws.
We will inspect compliance with six laws, specifically the Food Safety Law, the Water Law, the Law on Promoting the Application of Scientific and Technological Advances, the Environmental Protection Law, the Road Traffic Safety Law, and the Law on Workplace Safety. We will carry out dedicated inquiries based on our deliberations of the compliance inspection reports produced for the Food Safety Law, the Environmental Protection Law, and the Law on Workplace Safety, so that our inquiries will be more targeted and more effective. Intensifying follow-up oversight, we will hear and deliberate the State Council’s reports on how it has responded to our compliance inspection reports for the Law on Guaranteeing the Rights and Interests of Senior Citizens and the Food Safety Law as well as our comments. We will hear and deliberate a report from the State Council regarding the enforcement of the Law on Entry and Exit Administration, and conduct an investigation into the state of enforcement of the Law on the Prevention and Control of Water Pollution.
推动形成良好法治氛围和法治习惯,听取审议国务院关于“六五”普法决议执行情况的报告,依法作出有关加强社会主义法治宣传教育的决议。
We will work to ensure that the rule of law permeates the whole of society and takes root among the people. We will hear and deliberate the State Council’s report on the implementation of the resolution on launching the sixth five-year initiative to popularize knowledge of the law, and act in line with legally prescribed procedures to adopt a resolution on raising public awareness of the socialist rule of law.
(三)加大对财政预算决算的监督力度。听取审议2015年中央决算报告、2015年中央预算执行和其他财政收支的审计工作报告、预算执行情况报告;落实关于改进审计查出突出问题整改情况向全国人大常委会报告机制,听取审议国务院相关整改情况的报告,把督促审计查出突出问题整改工作与审查监督政府、部门预算决算工作结合起来;就常委会加强经济工作监督、加强中央预算审查监督两个决定的实施情况开展专题调研,把加强人大预算审查监督的改革任务落到实处。
3) We will strengthen oversight over government budgets and final accounts.
We will hear and deliberate reports from the State Council on the central government’s final accounts for 2015, on the auditing of the performance of the central government budgets and other items of revenue and expenditure in 2015, and on the implementation of 2015 government budgets. In line with the mechanism under which the State Council reports to the NPC Standing Committee on the rectification of pronounced problems discovered in auditing, we will hear and deliberate the State Council’s report on its correction of such problems, and link efforts to oversee the correction of problems with efforts to inspect and oversee the budgets and final accounts of the State Council and its departments. We will conduct surveys on the implementation of the Standing Committee’s decisions on strengthening oversight over economic work and intensifying inspection of and oversight over the central government budgets, and put into effect all reform measures aimed at strengthening the NPC’s inspection of and oversight over government budgets.
(四)围绕推动经济社会发展加强监督。为加快形成引领经济发展新常态的体制机制,加强供给侧结构性改革,坚持和完善基本经济制度,听取审议国务院关于计划执行情况、深化财政转移支付制度改革、国有资产管理与体制改革、农林科技创新等工作情况的报告,开展建立政府综合财务报告制度专题调研;听取审议国务院关于2015年度环境状况和环境保护目标完成情况、高等教育改革与发展、自然保护区建设和管理工作情况的报告;围绕制定实施民族区域自治法配套法规情况、城市基层自治组织建设有关问题进行专题调研。
4) We will strengthen oversight aimed at promoting economic and social development.
To speed up the formation of systems and mechanisms for guiding the new normal in economic development, provide impetus to supply-side structural reform, and ensure adherence to and refinement of the basic economic system, we will hear and deliberate reports from the State Council on the implementation of the 2015 plan for national economic and social development, on the progress achieved in deepening reform of the system of transfer payments, on the management of state-owned assets and the reform of their management system, and on scientific and technological innovation in agriculture and forestry. We will carry out research on establishing a comprehensive government financial reporting system. We will hear and deliberate the State Council’s reports on the environmental conditions and the fulfillment of environmental protection targets in 2015, on the reform and development of higher education, and on the development and management of nature reserves. We will carry out research on the formulation of supporting rules and regulations for the enforcement of the Law on Regional Ethnic Autonomy and on issues concerning the development of community-level self-governance organizations in cities.
为保证公正司法、提高司法公信力,以深化司法公开促进司法公正、加强侦查监督维护司法公正作为监督议题,分别听取审议最高人民法院、最高人民检察院有关工作报告。
In an effort to ensure impartial
administration of justice and enhance judicial credibility, we will exercise
oversight under the topics of promoting judicial impartiality through greater
judicial openness and safeguarding judicial impartiality through enhanced
oversight over investigation, and hear and deliberate the relevant work reports
of the Supreme People’s Court and the Supreme People’s Procuratorate. |
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