二、依法对若干重大问题作出决定
2. We worked in accordance with the law to issue decisions on a number of major issues.文章源自英文巴士-https://www.en84.com/2225.html
文章源自英文巴士-https://www.en84.com/2225.html
人大工作是党和国家工作的重要组成部分。常委会坚持从政治上把握、在大局下行动，大事要事敢于担当、善于作为，确保党的主张通过法定程序成为国家意志。文章源自英文巴士-https://www.en84.com/2225.html
文章源自英文巴士-https://www.en84.com/2225.html
The work of the NPC is an important part of the work of the Party and the country. We have upheld our commitment to the right political direction and to working with the big picture in mind. When faced with major issues and important matters, we demonstrated the courage to take on responsibility and the ability to fulfill duties, ensuring that the Party’s propositions are turned into the will of the state through statutory procedures.文章源自英文巴士-https://www.en84.com/2225.html
文章源自英文巴士-https://www.en84.com/2225.html
（一）及时妥善处理辽宁拉票贿选案的有关问题，坚决维护人民代表大会制度的权威和尊严。辽宁拉票贿选案是新中国成立以来查处的第一起发生在省级层面、严重违反党纪国法、严重破坏党内选举制度和人大选举制度的重大案件。按照有关法律规定，涉案的辽宁省人大代表的代表资格终止后，其中的省人大常委会组成人员的职务依法相应终止。辽宁省人大常委会因组成人员已不足半数，无法召开常委会会议履行职责。为及时妥善处理这一从未遇到过的特殊问题，全国人大常委会根据宪法精神和有关法律原则作出创制性安排。2016年9月13日，临时召开常委会第二十三次会议，审议通过了全国人大常委会代表资格审查委员会的报告，依法确定辽宁省45名拉票贿选的全国人大代表当选无效；审议通过了关于成立辽宁省第十二届人民代表大会第七次会议筹备组的决定，决定由筹备组代行辽宁省人大常委会部分职权，负责筹备辽宁省十二届人大七次会议的相关事宜。依纪依法查处辽宁拉票贿选案，充分体现了党中央全面依法治国、全面从严治党的鲜明态度和坚定决心，决不允许以任何形式破坏社会主义民主法治。文章源自英文巴士-https://www.en84.com/2225.html
文章源自英文巴士-https://www.en84.com/2225.html
1) We promptly and appropriately dealt with problems related to the case of election bribery in Liaoning Province, working resolutely to uphold the authority and sanctity of the system of people’s congresses.文章源自英文巴士-https://www.en84.com/2225.html
文章源自英文巴士-https://www.en84.com/2225.html
The voting bribery case in Liaoning Province was the first major case of its kind to have occurred at the provincial level since the founding of the People’s Republic of China. The perpetrators seriously violated Party discipline, state laws, and the requirements of the intra-Party electoral system and the electoral system of the people’s congresses. After the deputies to the Liaoning Provincial People’s Congress involved in the case had their qualifications revoked in accordance with relevant laws, those who were members of the Standing Committee of the Liaoning Provincial People’s Congress were removed from their positions in accordance with the law. The Standing Committee of the Liaoning Provincial People’s Congress, having had over half of its members removed, was unable to convene meetings and carry out its duties. In order to promptly and appropriately resolve this unprecedented and exceptional issue, the NPC Standing Committee acted on the basis of the Constitution and relevant legal principles to make creative institutional arrangements. At the provisionally convened 23rd meeting of the NPC Standing Committee on September 13, 2016, we deliberated and approved the report of the Credentials Committee to revoke, in accordance with the law, the qualifications of 45 NPC deputies elected by the Liaoning Provincial People’s Congress for bribing voters. At the meeting, we also deliberated and approved a decision stipulating that the 12th Liaoning Provincial People’s Congress shall set up a preparatory committee to exercise certain functions and powers on behalf of its Standing Committee and shall take charge of the preparatory work for the convocation of its Seventh Session.
Our handling of the Liaoning case in accordance with the law and Party discipline fully reflects the Party Central Committee’s clear stand and strong resolve for advancing China’s law-based governance and ensuring strict Party self-governance. No violation of our socialist democracy or rule of law in any form shall be tolerated.
（二）依法对香港基本法第一百零四条作出解释，坚决反对“港独”行径。香港特别行政区是中华人民共和国不可分离的部分。“港独”的本质是分裂国家，严重违反“一国两制”方针，严重违反宪法和香港基本法。全国人大常委会行使宪法和香港基本法赋予的权力，作出关于香港基本法第一百零四条的解释，明确该条规定的“拥护中华人民共和国香港特别行政区基本法，效忠中华人民共和国香港特别行政区”，既是该条规定的宣誓必须包含的法定内容，也是参选或者出任该条所列公职的法定要求和条件；明确宣誓就职必须遵循的法定程序和内容；明确违反宣誓规定丧失就职资格的法律后果以及作出虚假宣誓或者违反誓言的法律责任。全国人大常委会主动释法，充分表明了中央贯彻“一国两制”方针的坚定决心和反对“港独”的坚定立场，充分体现了包括香港同胞在内的13亿中国人民维护国家主权、安全和发展利益的坚定意志。
2) We produced the interpretation of Article 104 of the Basic Law of the Hong Kong Special Administrative Region in accordance with the law to firmly oppose any attempt at secession of Hong Kong from our country.
The Hong Kong Special Administrative Region is an inseparable part of the People’s Republic of China. To attempt “Hong Kong independence” is to attempt secession, a serious violation of the “one country, two systems” principle, the Constitution of China, and the Basic Law of Hong Kong. The NPC Standing Committee, exercising power entrusted to it by the Constitution and the Basic Law, produced the interpretation of Article 104 of the Basic Law of Hong Kong. The interpretation clearly establishes that, as stipulated by Article 104, to “swear to uphold the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China and swear allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China” is not only the exact phrasing that must be included in the oath prescribed by Article 104, but is also a legal requirement and condition for any person standing for election or taking up any position of public office specified in the Article. The interpretation clarifies the legal procedures that must be adhered to when taking the oath of office and the statutory content that must be included in the oath; it makes clear that anyone who violates this stipulation on oath taking is to be legally disqualified from assuming office and that any person who makes an oath insincerely or breaks their oath will be held legally responsible.
This interpretation fully demonstrates the Chinese central leadership’s resolve in upholding the “one country, two systems” principle and its firm stand against any attempt at secession of Hong Kong from the Chinese nation; it embodies the firm will of 1.3 billion Chinese people, including those in the Hong Kong region, to safeguard their country’s sovereignty, security, and developmental interests.
（三）作出关于开展国家监察体制改革试点工作的决定，为重大政治体制改革提供法治保障。深化国家监察体制改革是以习近平同志为核心的党中央作出的一项重大决策，是事关全局的重大政治体制改革，对于推进党风廉政建设和反腐败斗争，推进国家治理体系和治理能力现代化，具有重大而深远的意义。为在全国推开这项重大改革探索积累经验，党中央部署在部分地方开展试点。根据“凡属重大改革都要于法有据”的精神，委员长会议依法提出相关议案，常委会经过认真审议，作出关于在北京市、山西省、浙江省开展国家监察体制改革试点工作的决定。决定明确在试点地区设立监察委员会，行使监察职权；监察委员会由本级人大产生，对本级人大及其常委会和上一级监察委员会负责，并接受监督；监察委员会按照管理权限，对本地区所有行使公权力的公职人员依法实施监察；在试点地区暂时调整或者暂时停止适用行政监察法和刑事诉讼法、地方组织法等法律的有关规定，保证改革试点工作依法有序推进。
As a major policy decision made by the Party Central Committee with Comrade Xi Jinping at its core to improve the political structure, deepening reform of the national supervision system has a direct bearing on the big picture and is of immense and far-reaching significance for improving Party conduct, upholding integrity, and combating corruption and for modernizing China’s governance system and capacity for governance. In order to build up experience before advancing this major reform throughout the country, the Party Central Committee has decided to launch trials in several localities. In line with the principle that “all major reforms must have a legal basis,” the Chairperson’s Council of the NPC Standing Committee produced a proposal in accordance with the law, which was carefully deliberated by the Standing Committee and resulted in the decision to carry out trials for reforming the national supervision system in Beijing and in Shanxi and Zhejiang provinces. The decision stipulates that supervisory committees shall be established in pilot areas to exercise supervisory functions and powers; that a supervisory committee shall be created by the people’s congress at the same level, and be responsible to and overseen by the same-level people’s congress and its standing committee as well as the supervisory committee at the next level up; and that supervisory committees shall supervise the exercise of public power by all government employees in their regions in accordance with the law and within the scope of their supervisory authority. It also stipulates that the applicability of certain stipulations in the Law on Administrative Supervision, the Criminal Procedure Law, the Organic Law of the Local People’s Congresses and Local People’s Governments, and other relevant laws shall be provisionally adjusted or suspended in order to ensure law-based, orderly advancement of the pilot reform.
三、为相关领域改革提供法治保障
3. We provided a legal guarantee for relevant reforms.
常委会坚持立法和改革决策相统一、相衔接，及时修改完善涉及改革的法律，作出有关改革试点的决定，听取审议改革试点工作报告，保证改革和法治相辅相成、相互促进。
In working to bring legislation into line with China’s reform, we revised and improved laws related to reform in a timely manner, issued decisions on relevant pilot reforms, and heard and deliberated reports on the progress of pilot reforms. We have thus been able to ensure that reform and rule of law complement and reinforce one another.
（一）统筹修改多部法律，持续推进行政审批制度改革。对部分法律中涉及同类事项或者同一事由需要修改的个别条款，采取一并提出法律案的方式进行统筹修改，是通过立法推动相关领域改革的重要方式之一。4年来，常委会采取统筹修法方式，审议通过了13个修法决定，涉及修改法律和有关法律问题的决定74件次。2016年审议通过关于修改节约能源法、职业病防治法等6部法律的决定，关于修改对外贸易法、海关法、煤炭法等12部法律的决定，对法律中涉及行政审批、职业资格认定等同类或者相关条款一并作出修改。
1) We revised multiple laws using a coordinated approach, in a continued effort to support the reform of the government review and approval system.
For specific articles from different laws that deal with similar issues or the same matter and need to be revised for the sake of a reform, our approach is to issue a decision for revisions to be made across laws by putting forward multiple drafts at the same time. This is an important method we adopt to promote the relevant reform through legislation. Over the past four years, using this approach, we have deliberated and approved 13 such revision decisions, revising 74 laws and decisions on legal issues. In 2016, we deliberated and adopted the decision to revise six laws at the same time, including the Energy Conservation Law and the Law on the Prevention and Control of Occupational Diseases, as well as the decision to revise 12 laws, including the Foreign Trade Law, the Customs Law, and the Coal Industry Law. We thus made consistent changes to their articles pertaining to government review and approval or verification of professional qualifications and related matters.
（二）依法作出授权决定，为改革先行先试提供依据。常委会作出授权最高人民法院、最高人民检察院在部分地区开展刑事案件认罪认罚从宽制度试点工作的决定，确定在北京等18个城市开展试点工作。同时，总结2014年授权在上述地区开展刑事案件速裁程序试点工作的经验，将此项试点纳入认罪认罚从宽制度试点工作范围并加以扩大完善，按照新的试点办法继续试行。分别听取审议最高人民法院、最高人民检察院关于人民陪审员制度改革试点情况、关于检察机关提起公益诉讼试点情况的中期报告，要求进一步加强指导监督，全面评估试点成效，为修改完善相关法律积累经验。
2) We issued authorization decisions in accordance with the law to provide legal basis for pilot reforms.
We authorized the Supreme People’s Court and the Supreme People’s Procuratorate to pilot a system of sentence bargaining in criminal cases in 18 cities including Beijing. Meanwhile, we reviewed our experiences with the pilot project of accelerated procedures for certain criminal cases that we authorized in 2014 to be carried out in these 18 cities, and incorporated this pilot project into the pilot sentence bargaining system to expand, improve, and continue running it under the new pilot system. We heard and deliberated the mid-term report of the Supreme People’s Court on the pilot reform of the system of people’s assessors, and that of the Supreme People’s Procuratorate on the pilot reform for the filing of public interest litigation by procuratorates. We demanded that guidance and oversight be stepped up and a comprehensive evaluation of the results of these pilot reforms be made so as to accumulate experience for revising and improving relevant laws.
为依法推进公务员职务与职级并行制度改革试点、生育保险和基本医疗保险合并实施改革试点、军官制度改革试点等工作，常委会分别审议通过3个决定，暂时调整适用相关法律规定，保证在法治轨道上推进相关领域改革。
In order to ensure law-based advancement of the pilot reforms concerning a salary system for public servants based on both position and rank, incorporation of the maternity insurance into the basic medical insurance scheme, and the system of military officers, we deliberated and passed three separate decisions on making provisional adjustments to the applicability of certain stipulations in relevant laws, so as to guarantee that these pilot reforms are carried on in line with the rule of law.
（三）总结改革试点经验，通过修改完善法律予以复制和推广。常委会坚持在法治下推进改革、在改革中完善法治，对于需要先行先试的改革举措，依法授权开展试点工作；对于实践证明行之有效、具备复制推广条件的改革举措，及时总结修改完善相关法律。2013年和2014年，常委会先后两次作出决定，授权国务院在上海、广东、天津、福建自由贸易试验区暂时调整有关法律规定的行政审批。国务院在认真总结试点经验后提出议案，常委会对外资企业法等4部法律作出统筹修改，将自由贸易试验区试点的改革措施上升为法律，同时相应终止两个授权决定的法律效力。
3) We reviewed our experiences with pilot reforms and enabled the spread of applicable practices to more regions by revising and improving relevant laws.
We have remained committed to advancing reform on the basis of rule of law and strengthening the rule of law through reform. For reform measures that require preliminary trials, we shall authorize the necessary trials in accordance with the law; for reform measures that have proved to be effective in practice and are ready to be applied to other regions, we shall act in a timely manner to review these measures and revise and improve relevant laws accordingly. In 2013 and 2014 we issued two decisions authorizing the State Council to make provisional adjustments to items requiring government review as prescribed by certain laws in the pilot free trade zones in Shanghai, Guangdong, Tianjin, and Fujian. After considering the motion that the State Council had put forward on the basis of its thorough review of experiences gained from the trials, last year we made a coordinated effort to revise the Law on Foreign-Funded Enterprises and three other laws at the same time. We thus elevated the reform measures tested out in pilot free trade zones into provisions of law, and correspondingly terminated the two authorization decisions.
