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Full Text: Work report of NPC Standing Committee (2)
                 Source: Xinhua | 2017-03-18 14:20:55 | Editor: huaxia

3) Legislation concerning cultural, social, environmental, and other issues was strengthened.

Seeing that China's legislative work in the cultural sector was lagging behind, last year we strengthened the system of laws on culture by deliberating and passing two important laws related to this sector. The Law on Guaranteeing Public Cultural Services clarifies the duties and responsibilities of the government in the provision of public cultural services, and establishes basic principles and mechanisms for guaranteeing provision. The Film Industry Promotion Law regulates the scripting, filming, release, and showing of films and provides greater support and security for the film industry. These two laws will play a significant role in safeguarding the people's basic cultural rights and interests, enriching their intellectual and cultural life, and promoting core socialist values.

Traditional Chinese medicine is a national treasure. The Law on Traditional Chinese Medicine passed after deliberation by the Standing Committee clearly stipulates: traditional Chinese medicine is the general designation for the traditional medicine of the Han and of ethnic minorities of China. The state shall work hard to develop traditional Chinese medicine, follow the principle of attaching equal importance to traditional Chinese medicine and Western medicine, and put in place a regulatory system suitable to the unique features of traditional Chinese medicine, thereby giving full play to its role in China's health care services.

In keeping with the decisions on reform made by the Party Central Committee related to replacing environmental protection fees with a tax and ensuring law-based taxation, we deliberated and passed the Environmental Protection Tax Law. This is the first tax law deliberated and approved by this Standing Committee; it is of great importance in giving full play to the role of taxation in helping to control and reduce emissions and protect and improve ecosystems and the environment.

We also enacted the Asset Appraisal Law and revised laws including the Law on the Promotion of Privately-Run Schools, the Wildlife Protection Law, the Marine Environment Protection Law, the Law on the Red Cross Society, and the Law on Corporate Income Tax.

4) Legislative mechanisms and methods were refined.

First, we published the guidelines on establishing sound systems under which special committees of the NPC and working bodies of the NPC Standing Committee organize the drafting of important laws. Of all the legislative items deliberated by the Standing Committee this past year, the drafting for 10 items was led by relevant special committees of the NPC and working bodies of the Standing Committee.

Second, we improved the mechanisms for soliciting the opinions of deputies on the drafts of laws and invited them to participate in the research, debate, deliberation, and assessment process so as to ensure their comments and suggestions can be effectively heard and adopted. These efforts have enabled deputies to play a bigger role in the NPC's legislative work.

Third, we formulated the Procedures for Collecting and Discussing Legislative Items, making progress in efforts to better standardize and institutionalize legislative work.

Fourth, we improved the system for staying connected with local communities on legislative matters, and on eight occasions organized activities to solicit comments on seven draft laws from the general public and officials at the community level. This ensured that legislative work was carried out in close connection with the people and was better able to reflect public sentiment.

We held a national symposium on local legislation to guide local legislative work, especially the legislative work of cities with subsidiary districts. Of the 273 cities and autonomous prefectures newly granted local legislative powers by the revised Legislation Law, 269 have, with approval from provincial-level people's congresses, already begun to formulate local regulations.

2. We worked in accordance with the law to issue decisions on a number of major issues.

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.

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.

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.

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. (more)

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Full Text: Work report of NPC Standing Committee (2)

Source: Xinhua 2017-03-18 14:20:55

3) Legislation concerning cultural, social, environmental, and other issues was strengthened.

Seeing that China's legislative work in the cultural sector was lagging behind, last year we strengthened the system of laws on culture by deliberating and passing two important laws related to this sector. The Law on Guaranteeing Public Cultural Services clarifies the duties and responsibilities of the government in the provision of public cultural services, and establishes basic principles and mechanisms for guaranteeing provision. The Film Industry Promotion Law regulates the scripting, filming, release, and showing of films and provides greater support and security for the film industry. These two laws will play a significant role in safeguarding the people's basic cultural rights and interests, enriching their intellectual and cultural life, and promoting core socialist values.

Traditional Chinese medicine is a national treasure. The Law on Traditional Chinese Medicine passed after deliberation by the Standing Committee clearly stipulates: traditional Chinese medicine is the general designation for the traditional medicine of the Han and of ethnic minorities of China. The state shall work hard to develop traditional Chinese medicine, follow the principle of attaching equal importance to traditional Chinese medicine and Western medicine, and put in place a regulatory system suitable to the unique features of traditional Chinese medicine, thereby giving full play to its role in China's health care services.

In keeping with the decisions on reform made by the Party Central Committee related to replacing environmental protection fees with a tax and ensuring law-based taxation, we deliberated and passed the Environmental Protection Tax Law. This is the first tax law deliberated and approved by this Standing Committee; it is of great importance in giving full play to the role of taxation in helping to control and reduce emissions and protect and improve ecosystems and the environment.

We also enacted the Asset Appraisal Law and revised laws including the Law on the Promotion of Privately-Run Schools, the Wildlife Protection Law, the Marine Environment Protection Law, the Law on the Red Cross Society, and the Law on Corporate Income Tax.

4) Legislative mechanisms and methods were refined.

First, we published the guidelines on establishing sound systems under which special committees of the NPC and working bodies of the NPC Standing Committee organize the drafting of important laws. Of all the legislative items deliberated by the Standing Committee this past year, the drafting for 10 items was led by relevant special committees of the NPC and working bodies of the Standing Committee.

Second, we improved the mechanisms for soliciting the opinions of deputies on the drafts of laws and invited them to participate in the research, debate, deliberation, and assessment process so as to ensure their comments and suggestions can be effectively heard and adopted. These efforts have enabled deputies to play a bigger role in the NPC's legislative work.

Third, we formulated the Procedures for Collecting and Discussing Legislative Items, making progress in efforts to better standardize and institutionalize legislative work.

Fourth, we improved the system for staying connected with local communities on legislative matters, and on eight occasions organized activities to solicit comments on seven draft laws from the general public and officials at the community level. This ensured that legislative work was carried out in close connection with the people and was better able to reflect public sentiment.

We held a national symposium on local legislation to guide local legislative work, especially the legislative work of cities with subsidiary districts. Of the 273 cities and autonomous prefectures newly granted local legislative powers by the revised Legislation Law, 269 have, with approval from provincial-level people's congresses, already begun to formulate local regulations.

2. We worked in accordance with the law to issue decisions on a number of major issues.

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.

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.

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.

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. (more)

[Editor: huaxia ]
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