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全国人民代表大会常务委员会工作报告


来源:新华网    作者:新华网   时间:2013-03-20 22:03   点击: 次  


 

全国人民代表大会常务委员会工作报告
Report on the Work of the Standing Committee of the National People’s Congress
 
——2013年3月8日在第十二届全国人民代表大会第一次会议上
Delivered at the First Session of the Twelfth National People’s Congress on March 8, 2013
 
全国人民代表大会常务委员会委员长 吴邦国
Wu Bangguo, Chairman of the Standing Committee of the National People’s Congress
 

各位代表:
 
Fellow Deputies,
 
我受十一届全国人大常委会委托,向大会报告五年来的主要工作,请予审议。
 
On behalf of the Standing Committee of the Eleventh National People’s Congress (NPC), I now present this report on the main work it did over the past five years for your deliberation.
 
过去五年工作的简要回顾
Overview of the Work in the Past Five Years
 
过去的五年,是中国共产党团结带领全国各族人民经受住各种困难和风险考验、夺取全面建设小康社会新胜利的五年,也是我国社会主义民主法制建设和人民代表大会制度建设取得重大进展的五年。十一届全国人大及其常委会认真贯彻落实党的十七大和十八大精神,坚持以邓小平理论、“三个代表”重要思想、科学发展观为指导,坚持党的领导、人民当家作主、依法治国有机统一,紧紧围绕党和国家工作大局依法行使职权,充分发挥最高国家权力机关作用,圆满完成各项工作任务,为全面推进中国特色社会主义事业作出了重要贡献。
 
Over the past five years, the Communist Party of China (CPC) united with and led the people of all the country’s ethnic groups in overcoming difficulties and risks and achieving new successes in building a moderately prosperous society in all respects. During this period, significant progress was made in developing socialist democracy, the socialist legal system, and the system of people’s congresses. The Eleventh NPC and its Standing Committee conscientiously implemented the guiding principles of the CPC’s Seventeenth and Eighteenth National Congresses; steadfastly followed the guidance of Deng Xiaoping Theory, the important thought of Three Represents and the Scientific Outlook on Development; organically integrated the leadership of the Party, the position of the people as masters of the country and the rule of law; performed their functions and powers in accordance with the law with the focus on the overall work of the Party and country; fully played their role of the country’s highest bodies of state power; accomplished all their tasks; and made an important contribution to advancing the socialist cause with Chinese characteristics in all respects.
 
——如期形成并不断完善中国特色社会主义法律体系。到2010年形成中国特色社会主义法律体系,是党的十五大提出的立法工作目标。围绕实现这一目标,我们坚持从国情和实际出发,坚持科学立法、民主立法,在提高立法质量的前提下,抓紧制定在法律体系中起支架作用的法律,及时修改与经济社会发展不相适应的法律规定,集中开展法律清理工作,督促有关方面清理行政法规和地方性法规、制定法律配套法规。到2010年底,涵盖社会关系各个方面的法律部门已经齐全,各法律部门中基本的、主要的法律已经制定,相应的行政法规和地方性法规比较完备,法律体系内部总体做到科学统一。在党中央领导下,经过各方面长期共同努力,一个立足中国国情和实际、适应改革开放和社会主义现代化建设需要、集中体现党和人民意志,以宪法为统帅,以宪法相关法、民法商法、行政法、经济法、社会法、刑法、诉讼与非诉讼程序法等多个法律部门的法律为主干,由法律、行政法规、地方性法规三个层次的法律规范构成的中国特色社会主义法律体系如期形成,社会主义经济建设、政治建设、文化建设、社会建设、生态文明建设实现有法可依。这是我国社会主义民主法制建设史上的重要里程碑,是中国特色社会主义制度走向成熟的重要标志,具有重大的现实意义和深远的历史意义。中国特色社会主义法律体系,以宪法和法律的形式确立了国家发展中带有根本性、全局性、稳定性和长期性的一系列重要制度,是中国特色社会主义永葆本色的法制根基、创新实践的法制体现、兴旺发达的法制保障。
 
Establishing a socialist system of laws with Chinese characteristics on schedule and constantly improving it
 
Establishing a socialist system of laws with Chinese characteristics by 2010 was an objective set at the Fifteenth National Party Congress for China’s legislative work. To attain this objective, we proceeded from our country’s national conditions and realities and made legislation more scientific and democratic. Taking raising the quality of legislation as a basic requirement, we focused on enacting laws that form the framework of the legal system, promptly revised provisions of laws that were ill-suited to economic and social development, made a concerted effort to put existing laws in order, and urged relevant departments to put their administrative regulations and local statutes in order and formulate supporting regulations for laws. By the end of 2010, we had enacted basic and major laws of all kinds pertaining to the full range of social relations, together with comprehensive corresponding administrative regulations and local statutes. Overall, the system of laws is scientific and unified. Under the leadership of the CPC Central Committee and through the prolonged common efforts of everyone involved, a socialist system of laws with Chinese characteristics was created on schedule. The system is based on the national conditions and realities in China; meets the needs of reform, opening up and socialist modernization; fully reflects the will of the Party and the people; is rooted in the Constitution; has several types of laws - constitutional laws, civil and commercial laws, administrative laws, economic laws, social laws, criminal laws, and litigation and non-litigation procedure laws - as its core; and consists of three levels of laws: national laws, administrative regulations, and local statutes. The system provides laws to abide by in promoting economic, political, cultural, social, and ecological progress. It is a major milestone in the history of China’s socialist democracy and socialist legal system, and an important indicator of the maturity of the socialist system with Chinese characteristics, and it has great practical importance and far-reaching historical significance. The socialist system of laws with Chinese characteristics, in the form of the Constitution and laws, establishes important, fundamental, overall and long-term systems for China’s development that ensure national stability. This system of laws is the legal foundation for socialism with Chinese characteristics to maintain its nature forever, the embodiment of its practical innovations, and the legal guarantee for it to thrive.
 
中国特色社会主义法律体系形成后,我们全面分析我国法制建设面临的新形势新任务,强调中国特色社会主义法律体系是动态的、开放的、发展的,必然随着中国特色社会主义实践的发展而发展,我国立法任务依然艰巨而繁重,立法工作只能加强不能削弱;强调要在新的起点上继续加强和改进立法工作,把更多的精力放到法律的修改完善上,放到推动法律配套法规的制定修改上,同时为适应经济社会发展需要制定一些新的法律,不断完善中国特色社会主义法律体系;强调法律的生命力在于实施,法律体系的形成总体上解决了有法可依的问题,要更加注重宪法和法律的有效实施,切实做到有法必依、执法必严、违法必究,切实维护宪法和法律的权威和尊严。为弘扬社会主义法治精神,作出进一步加强法制宣传教育的决议,开展纪念现行宪法公布施行30周年活动。五年来,全国人大及其常委会共审议法律、法律解释和有关法律问题的决定草案93件,通过86件。
 
Following the formation of the socialist system of laws with Chinese characteristics, we fully analyzed the new situation and new tasks we faced in developing China’s legal system. We emphasized that:
 
The system of laws is dynamic, open and developing, and will naturally develop as socialism with Chinese characteristics does. Our legislative tasks remain painstaking and arduous, and we must intensify our legislative work, not slacken it.
 
We need to strengthen and improve our legislative work from this new starting point, focus more on revising and improving laws, and on enacting and revising supporting regulations for laws. In addition, we need to enact new laws as required by economic and social development in order to improve the socialist system of laws with Chinese characteristics.
 
The vitality of laws lies in their enforcement. The formation of a socialist system of laws with Chinese characteristics has basically solved the problem of not having laws to follow. We need to focus more on effectively enforcing the Constitution and laws, upholding their authority and dignity, and ensuring that laws are obeyed and strictly enforced and lawbreakers are prosecuted.
 
In order to promote a socialist spirit of the rule of law, we adopted a resolution on strengthening publicity of and education in the legal system and commemorated the 30th anniversary of the Constitution taking force.
 
Over the past five years, the NPC and its Standing Committee deliberated 93 bills, legal interpretations and draft decisions on legal issues and passed 86 of them.
 
——扎实开展监督工作。全面贯彻实施监督法,按照“围绕中心、突出重点、讲求实效”的工作思路,加强法律监督和工作监督,完善监督工作方式方法,监督和支持国务院、最高人民法院、最高人民检察院的工作,推动中央重大决策部署贯彻落实。加强对经济工作的监督,涉及宏观经济运行、经济结构调整、预算决算、“三农”工作、资源环境保护、重要领域改革等方面,促进经济持续健康发展。加强对民生工作的监督,推动以保障和改善民生为重点的社会建设,促进基本公共服务均等化,解决人民最关心最直接最现实的利益问题。加强对司法工作的监督,督促审判机关、检察机关完善工作机制,强化队伍建设,规范司法行为,提高司法水平,维护社会公平正义。五年来,常委会共听取和审议“一府两院”70个报告,组织21次执法检查,开展9次专题询问。
 
Carrying out oversight work
 
We fully implemented the Law on Oversight; followed the approach of concentrating on core issues, emphasizing key points and seeking substantive results; strengthened our oversight of law enforcement and work performance; improved the way we exercise oversight; oversaw and supported the work of the State Council, the Supreme People’s Court, and the Supreme People’s Procuratorate; and gave impetus to implementing the major decisions and arrangements of China’s central leadership. We tightened oversight of economic work including macroeconomic performance; structural adjustments to the economy; budgets and final accounts; work related to agriculture, rural areas and farmers; protection of resources and the environment; and reforms in key areas, and promoted sustained and sound economic development. We strengthened oversight of work related to people’s wellbeing, advanced social development with the focus on ensuring and improving people’s wellbeing, made access to basic public services more equal, and solved problems of greatest concern to the people that directly and substantively affect their interests. We strengthened oversight of judicial work, and urged judicial and procuratorial bodies to improve their work mechanisms, strengthen their ranks, standardize their judicial actions, improve their competence, and safeguard social fairness and justice. The Standing Committee listened to and deliberated 70 reports from the State Council, the Supreme People’s Court and the Supreme People’s Procuratorate, organized 21 inspections of law enforcement, and held 9 special hearings.
 
——做好代表履职服务保障工作。认真贯彻实施代表法,坚持为代表服务思想,努力提高代表服务保障工作水平,支持和保障代表依法履职。共办理代表议案2541件,227件议案涉及的38个立法项目已经审议通过,136件议案涉及的8个立法项目正在审议。办理代表建议37527件,建议所提问题已经解决或计划解决的占总数的76%,代表对建议办理工作表示满意或基本满意的超过90%。邀请代表1000多人次列席常委会会议,3800多人次参加执法检查和专门委员会活动。组织代表9000多人次开展专题调研,形成调研报告500多篇。举办33期代表专题学习班,参加学习的代表6300多人次。
 
Serving deputies
 
We conscientiously implemented the Law on Deputies to People’s Congresses, maintained an attitude of serving deputies, improved our services for them, and supported them in exercising their duties in accordance with the law. We handled 2,541 bills introduced by deputies, deliberated and passed 38 laws introduced in 227 of them; and are deliberating 8 legislative items introduced in 136 of them. We dealt with 37,527 deputy proposals; we have already resolved or made plans to resolve 76% of the issues raised in them, and over 90% of deputies are fully or somewhat satisfied with our work in this regard. We invited over 1,000 deputies to attend meetings of the Standing Committee in a nonvoting capacity, and over 3,800 deputies to participate in inspections of law enforcement and in activities of NPC special committees. We organized over 9,000 deputies to carry out investigations and studies on special issues, which resulted in more than 500 investigative reports. We held 33 study sessions on special topics in which over 6,300 deputies participated.
 
——形成人大对外交往新格局。坚持服务国家总体外交,充分发挥人大对外交往的特点和优势,积极开展高层交往,稳步推进机制交流,有效利用多边舞台,全面加强与各国议会及多边议会组织的友好关系,形成全方位、多渠道、宽领域、深层次的人大对外交往格局。目前,全国人大与14个国家议会及欧洲议会建立定期交流机制,成立106个双边议会友好小组,加入15个多边议会组织,成为5个多边议会组织观察员。在对外交往中,坚决维护国家主权、安全、发展利益,增进政治互信,促进务实合作,加深人民友谊,不断夯实国家关系发展的社会基础,为维护我国发展重要战略机遇期发挥了重要作用。
 
Bringing about a new phase of the NPC’s foreign relations work
 
We served China’s overall diplomatic policy, fully utilized the characteristics and advantages of the NPC’s foreign relations, actively developed high-level contacts, steadily advanced the mechanism of regular exchanges, and made effective use of multilateral arenas. We comprehensively strengthened friendly relations with congresses and parliaments of other countries and multilateral parliamentary organizations, and created a pattern of the NPC’s foreign contacts that is all-around, multi-channeled, wide-ranging and deep. At present, the NPC has a mechanism for regular exchanges with the parliaments and congresses of 14 countries and the European Parliament, has established 106 bilateral friendship groups, is a member of 15 multilateral parliamentary organizations, and has observer status at 5 multilateral parliamentary organizations. In the course of our foreign relations work, we have firmly upheld China’s sovereignty, security and development interests; enhanced mutual political trust; promoted pragmatic cooperation; deepened friendship between the Chinese people and the peoples of other countries; strengthened the social foundation for developing China’s relations with other countries; and played an important role in safeguarding the important period of strategic opportunities for China’s development.
 
常委会还批准我国与外国缔结的条约、协定和我国加入的国际条约39件,决定和批准任免了一批国家机关工作人员。
 
The Standing Committee ratified 39 treaties and agreements that China concluded with foreign countries as well as international conventions; and made decisions on and approved the appointment or removal of a number of employees in state bodies.
 
常委会高度重视自身建设。全面加强思想政治建设、组织制度建设、作风能力建设,牢固树立党的观念、政治观念、法治观念、大局观念和群众观念,不断提升依法履职能力和水平。密切联系群众,深入开展调查研究,向群众学习、向实践学习、向基层学习。办好常委会专题讲座,丰富讲座内容,增强讲座实效。通过多种方式提高人大工作透明度,自觉接受人民监督。虚心听取各方面意见,努力改进工作中的不足。充分发挥专门委员会作用,支持专门委员会依法履职。各专门委员会紧紧围绕全国人大及其常委会的中心工作,认真研究、审议和拟订有关议案,在提高立法质量、增强监督实效、发挥代表作用等方面做了大量工作。加强与地方人大常委会的联系,共同做好新形势下人大工作,推进社会主义民主法制建设。全国人大机关开展深入学习实践科学发展观、创先争优活动,大力加强机关干部队伍建设,充分发挥参谋助手和服务保障作用。
 
The Standing Committee attached great importance to self-improvement. We comprehensively improved our ideological and political development, organizational systems, work style and capabilities; kept the Party, politics, the rule of law, the overall interests of the country, and the people firmly in mind; and enhanced our capability to fulfill our duties in accordance with the law. We forged close ties with the people; carried out thorough investigations and studies; and learned from the people, past experience and lower-level organizations. We held Standing Committee lectures on special topics, enriched their content, and made them more effective. We increased the transparency of the NPC’s work in various ways, and willingly accepted oversight of the people. We sought everyone’s opinions with an open mind and strived to improve shortcomings in our work. We made full use of NPC special committees and supported them in performing their duties in accordance with the law. Focusing on the central tasks of the NPC and its Standing Committee, the special committees conscientiously studied, deliberated and drafted bills, and worked hard to improve the quality of legislation, make our oversight more effective and enhance the role of deputies. We strengthened contacts with standing committees of local people’s congresses, and worked with them in doing the work of the NPC well under the new conditions and developing socialist democracy and the socialist legal system. NPC bodies launched a campaign to thoroughly study and put into practice the Scientific Outlook on Development and encourage their Party members and organizations to excel in their work; greatly strengthened the ranks of their staff; and fully played their role in providing advice, assistance, and services to deputies.
 
过去五年工作的基本总结
Review of the Work in the Past Five Years
 
坚持和完善人民代表大会制度,做好新形势下人大工作,是党和人民赋予我们的光荣使命。在以往各届特别是十届全国人大及其常委会工作的基础上,十一届全国人大及其常委会进一步增强坚持和完善人民代表大会制度的自觉性,努力工作,积极探索,不断丰富人民代表大会制度的理论与实践,积累了新的宝贵经验,开创了人大工作新局面。在工作中,大家体会最深的是以下六个方面。
 
It is a glorious mission entrusted to us by the Party and the people to adhere to and improve the system of people’s congresses and do the NPC’s work well in the new situation. On the foundation of the work of past NPCs and their Standing Committees, especially the Tenth NPC and its Standing Committee, the Eleventh NPC and its Standing Committee adhered to and improved the system of people’s congresses more consciously, worked hard, made active explorations, and enriched the theory and practice of the system. They accumulated fresh and valuable experience and ushered in a new stage in the NPC’s work. In our work, what we developed the deepest understanding of was these six points.
 
一、牢牢把握人大工作正确的政治方向。全国人大是最高国家权力机关,在国家政治生活中发挥着重要作用。坚持正确政治方向,是做好人大工作的根本,事关国家和民族的前途命运。我们始终坚持以马克思列宁主义、毛泽东思想、邓小平理论、“三个代表”重要思想、科学发展观为指导,坚定不移走中国特色社会主义政治发展道路,坚持党的领导、人民当家作主、依法治国有机统一,牢牢把握人大工作正确政治方向,并贯穿于行使职权的全过程,落实到履行职责的各方面。
 
1. Keeping to the correct political orientation for the NPC’s work
 
The NPC is the highest body of state power and plays an important role in the political life of the country. Keeping to the correct political orientation is the basis for doing the NPC’s work well and affects the future and destiny of the country and the nation. We always followed the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of Three Represents and the Scientific Outlook on Development; unwaveringly took the path of making political advances with Chinese characteristics; upheld the unity of the leadership of the Party, the position of the people as masters of the country and the rule of law; adhered to the correct political orientation for the NPC’s work; and implemented these principles throughout the whole course and in every aspect of performing duties.
 
一是坚持党的领导。中国共产党是中国特色社会主义事业的坚强领导核心,以全心全意为人民服务为根本宗旨,党的主张凝聚了全党全国人民的集体智慧,体现了最广大人民的共同意愿。我们自觉坚持党对人大工作的领导,贯彻党的基本理论、基本路线、基本纲领、基本经验、基本要求,落实中央重大决策部署,使党的主张通过法定程序成为国家意志,使党组织推荐的人选通过法定程序成为国家政权机关的领导人员,从法律上制度上保证党的路线方针政策贯彻落实,保证党总揽全局、协调各方的领导核心作用充分发挥,确保人大各项工作,无论是立法、监督工作,还是决定重大事项、行使人事任免权,都有利于加强和改善党的领导,有利于巩固党的执政地位,有利于保证党领导人民有效治理国家。
 
First, we upheld the leadership of the Party. The CPC is the firm leadership core of socialism with Chinese characteristics and it takes serving the people wholeheartedly as its fundamental purpose. The Party’s stand pools the wisdom of all its members and the whole country, and represents the common aspirations of the overwhelming majority of the people. We consciously upheld the Party’s leadership over the NPC’s work; implemented its basic theories, line, program, experience and requirements; carried out major decisions and arrangements of the Party Central Committee; turned the views of the Party into the will of the state through statutory procedures; and placed people recommended by the Party organization in leadership positions in bodies of state power through statutory procedures. We provided legal and institutional guarantees that the Party’s line, principles and policies were implemented, and ensured that the Party fully played its role as the leadership core in exercising overall leadership and coordinating everyone’s efforts. We ensured that all the work of the NPC, be it legislation, oversight, deciding major issues, or exercising the power to appoint and dismiss personnel, was conducive to strengthening and improving the Party’s leadership, consolidating its position as the governing party and guaranteeing that the Party led the people in effectively governing the country.
 
二是坚持和发展中国特色社会主义。中国特色社会主义是党和人民长期实践取得的根本成就,是当代中国发展进步的根本方向,只有中国特色社会主义才能发展中国。我们坚定对中国特色社会主义的道路自信、理论自信、制度自信,牢牢把握社会主义初级阶段基本国情,紧紧围绕全面建成小康社会奋斗目标,坚持以经济建设为中心,坚持四项基本原则,坚持改革开放,推动科学发展,着力改善民生,促进社会和谐,及时将改革开放和社会主义现代化建设的实践经验上升为法律,推动宪法和法律有效实施,推动中央重大决策部署贯彻落实,充分发挥最高国家权力机关在坚持和发展中国特色社会主义伟大实践中的保障和促进作用。
 
Second, we adhered to and developed socialism with Chinese characteristics. Socialism with Chinese characteristics is a fundamental achievement the Party and the people made through practice over a long period of time and it is the basic orientation for contemporary China’s development and progress. Only socialism with Chinese characteristics can develop China. We had firm confidence in the path, theories and system of socialism with Chinese characteristics, kept firmly in mind China’s basic condition of still being in the primary stage of socialism, focused on the goal of finishing building a moderately prosperous society in all respects, kept economic development as the central task, adhered to the Four Cardinal Principles and the reform and opening up policy, pursued development in a scientific way, strived to improve people’s wellbeing, and promoted social harmony. We incorporated into law our practical experience in reform, opening up and socialist modernization in a timely manner; gave impetus to the effective enforcement of the Constitution, laws and major decisions and arrangements of the central leadership; and made full use of our role as the highest body of state power in ensuring and advancing the great practice of upholding and developing socialism with Chinese characteristics.
 
三是坚持和完善人民代表大会制度。我国是工人阶级领导的、以工农联盟为基础的人民民主专政的社会主义国家。人民代表大会制度是体现我国国家性质、保证人民当家作主的根本政治制度,也是党在国家政权中充分发扬民主、贯彻群众路线的最好实现形式。我们深刻认识我国人民代表大会制度的本质特征,理直气壮地坚持自己的特色、发挥自己的优势,不断推进人民代表大会制度自我完善和发展;充分认识我国人民代表大会制度与西方资本主义国家政体的本质区别,坚决抵制各种错误思想理论影响,在重大原则问题上立场坚定、旗帜鲜明。我们借鉴人类政治文明有益成果,但绝不照搬西方政治制度模式。
 
Third, we adhered to and improved the system of people’s congresses. China is a socialist country with a people’s democratic dictatorship led by the working class and based on an alliance of workers and farmers. The system of people’s congresses is the fundamental political system that reflects the nature of China as a state and ensures that the people determine their own destiny. It is also the best possible way for the Party to fully bring democracy into play and implement the mass line in wielding state power. We fully understood the intrinsic nature of China’s system of people’s congresses, confidently made the most of these characteristics and our strengths, and carried out self-improvement and self-development of the system. We fully understood the essential difference between China’s system of people’s congresses and Western capitalist countries’ systems of state power, resolutely resisted the influence of all kinds of erroneous thought and theories, and maintained a firm and clear position on major issues of principle. We drew on the political achievements of other societies, but never copied the model of Western political systems.
 
二、紧紧围绕党和国家工作大局开展人大工作。人大工作是党和国家工作的重要组成部分,涉及中国特色社会主义事业总体布局的方方面面,事关改革开放和社会主义现代化建设的顺利进行。只有服从服务于党和国家工作大局,人大工作才能取得党和人民满意的效果。我们始终从党和国家事业发展的全局来谋划和推进人大工作,依据人大工作定位和特点,统筹安排立法、监督等各项工作,集中力量、突出重点、务求实效,着力推动中央重大决策部署贯彻落实。
 
2. Focusing on the overall work of the Party and country in doing the NPC’s work
 
The NPC’s work is an important part of the Party and country’s work. It touches on every aspect of the overall development of socialism with Chinese characteristics and bears on the smooth advance of reform, opening up and socialist modernization. Our work can satisfy the Party and the people only by being subordinate to and serving the overall work of the Party and country. We always planned and carried out the NPC’s work in reference to the overall development of the Party and country’s cause, coordinated our legislative and oversight work on the basis of the role and characteristics of the NPC’s work, concentrated our strengths, set priorities, sought real results, and worked to spur the implementation of major policies and arrangements of the central leadership.
 
一是紧扣加快转变经济发展方式这条主线,推动科学发展。针对我国产业结构不合理、科技创新能力不强、现代服务业发展滞后等突出矛盾以及国际金融危机的冲击和影响,常委会在每年听取审议计划执行情况报告的同时,专门安排听取审议应对国际金融危机、转变经济发展方式、调整经济结构、“十一五”规划纲要实施情况中期评估以及服务业、旅游业发展等报告,检查科技进步法实施情况,修改专利法等。常委会组成人员强调,我国粗放型增长方式已经难以为继,加快经济结构调整刻不容缓,国际金融危机冲击使得调整的任务更为凸显、更加紧迫。要正确处理解决当前困难与实现长远发展的关系,化严峻挑战为发展机遇,变市场压力为调整动力,牢牢把握扩大内需这一战略基点,把更多精力放到提高经济增长的质量和效益上来,使应对国际金融危机冲击的过程成为增强发展可持续性的过程。一要加快传统产业转型升级,大力发展战略性新兴产业和先进制造业,推动企业向产业链和利润高端调整。二要大力发展服务业特别是现代服务业,促进制造业与服务业、现代农业与服务业融合发展,提高服务业在国民经济中的比重。三要完善以企业为主体、市场为导向、产学研相结合的技术创新体系,推进科技与产业、科技与金融紧密结合,加大科技投入,着力突破关键核心技术,加快科技成果产业化,加强知识产权保护,推动经济增长更多依靠创新驱动。
 
First, keeping to the main thread of accelerating the change of the growth model, we worked for development in a scientific manner. In light of China’s prominent problems, such as a skewed industrial structure, weak capability for scientific and technological innovation, and lagging development of modern service industries, and in response to the impact of the global financial crisis, the Standing Committee, in addition to annually deliberating reports on the implementation of the plans for national economic and social development, also listened to and deliberated reports on responding to the financial crisis, changing the growth model, adjusting the economic structure, developing the service and tourism industries, and the progress report on the implementation of the Eleventh Five-Year Plan. It also investigated compliance with the Law on Scientific and Technological Progress and revised the Patent Law. Members of the Standing Committee stressed that China’s extensive growth model had already become unsustainable, it was imperative to accelerate economic structural adjustment, and this task had been made more prominent and urgent by the global financial crisis. We should strike a balance between solving immediate difficulties and achieving long-term development, transform serious challenges into development opportunities, transform market pressure into an impetus for adjustment, adhere to the strategic focus of boosting domestic demand, and work harder than before to raise the quality and performance of economic growth, so that the process of combating the global financial crisis becomes a process of making our development more sustainable. One, we should accelerate transformation and upgrading of traditional industries, endeavor to develop strategic emerging industries and advanced manufacturing industries, and elevate enterprises higher up industrial chains and make them more profitable. Two, we should energetically develop service industries, especially modern service industries, integrate their development with that of manufacturing and modern agriculture, and increase their share of the economy. Three, we should improve the technological innovation system that assigns enterprises the leading role, gets its orientation from the market, and connects enterprises, universities and research institutes together, closely integrate science and technology with industry and banking, scale up investment in science and technology, strive to make breakthroughs in key and core technologies, quicken the pace of industrial application of scientific and technological advances, and strengthen IPR protection, to make economic growth more innovation-driven.
 
完善社会主义市场经济体制,促进公有制经济和非公有制经济协调发展,是加快转变经济发展方式的重要内容。十届全国人大制定的物权法,体现社会主义初级阶段基本经济制度,确立了平等保护物权的原则。本届常委会制定企业国有资产法,保护国有资产权益,防止国有资产流失。还听取审议国有企业改革与发展、促进中小企业发展等报告,强调要毫不动摇发展公有制经济,推动国有资本向重要行业和关键领域集中,深化国有企业改革,健全国有资产监管体制和国有资本经营预算制度,营造有利于国有企业改革发展的良好舆论环境,不断增强国有经济控制力、影响力;要毫不动摇发展非公有制经济,着力改善中小企业发展环境,拓宽融资渠道,放宽市场准入,保证各种所有制经济依法平等使用生产要素、公平参与市场竞争、同等受到法律保护。
 
Improving the socialist market economy and promoting coordinated development of the public and non-public sectors of the economy are an important aspect of accelerating the change of the growth model. The Property Rights Law, enacted by the Tenth NPC, reflects our basic economic system in the primary stage of socialism and establishes the principle of equal protection of property rights for all. The Standing Committee of the Eleventh NPC enacted the Law on State-Owned Assets of Enterprises, which protects the rights and interests of state-owned assets and prevents their loss. After listening to and deliberating reports on reforming and developing state-owned enterprises (SOEs) and advancing development of small and medium-sized enterprises (SMEs), we emphasized the need to unswervingly develop the public sector, concentrate state-owned capital in important industries and key areas, deepen SOE reform, improve the oversight system for state-owned assets and the budget system for state capital operations, cultivate public opinion favorable for SOE reform and development, and increase the capacity of the state-owned sector to exercise control and influence. We also stressed the need to unwaveringly develop the non-public sector; work hard to improve the development environment of SMEs; broaden their financing channels; relax restrictions on their market access; and ensure that economic entities under all forms of ownership have equal access to factors of production in accordance with the law, compete on a level playing field and enjoy equal protection of the law.
 
常委会始终把推动解决“三农”问题摆在重要位置。制定农村土地承包经营纠纷调解仲裁法,修改农业技术推广法,检查农业法等5部涉农法律实施情况,听取审议国家粮食安全、农田水利建设、促进农民稳定增收等6个报告,强调要落实最严格的耕地保护制度,切实保障农民土地承包经营权,加大对粮食主产区和农田水利建设投入,提高农业科技进步贡献率,发展专业化、标准化、规模化、集约化生产;完善强农惠农富农政策,加大财政“三农”投入,加强现代农业建设,支持农民多渠道转移就业,推进社会主义新农村建设,推动城乡发展一体化。
 
The Standing Committee always placed importance on spurring the resolution of problems related to agriculture, rural areas and farmers. We enacted the Law on Mediation and Arbitration of Rural Land Contract Management Disputes; revised the Law on Disseminating Agricultural Technology; investigated compliance with the Agriculture Law and four other agriculture-related laws; and listened to and deliberated six reports on such issues as national food security, irrigation and water conservancy, and ensuring steady increase of farmers’ income. We emphasized the need to implement the system of providing the strictest possible protection for farmland; effectively protect farmers’ contracted land-use rights; increase investment in main grain-producing areas and in construction on irrigation and water conservancy facilities; increase the share scientific and technological advances contribute to agricultural development; and develop specialized, standardized, large-scale, and intensive production. We also stressed the need to improve the policy of boosting agriculture, benefiting farmers and increasing rural prosperity; increase government spending on agriculture, rural areas and farmers; strengthen development of modern agriculture; support farmers in finding nonagricultural employment through multiple channels; develop a new socialist countryside; and promote integrated development of urban and rural areas.
 
针对资源环境约束加剧的严峻挑战,常委会制定循环经济促进法,修改可再生能源法、水土保持法、清洁生产促进法,听取审议环境保护、水污染防治、土地和矿产资源管理等报告,开展环境影响评价法、清洁生产促进法、节约能源法执法检查,从法律层面和工作层面促进绿色发展、循环发展、低碳发展,推进社会主义生态文明建设。结合听取审议国务院应对气候变化工作情况报告,常委会作出关于积极应对气候变化的决议,进一步明确我国应对气候变化的指导思想、基本原则和措施要求,强调要坚持共同但有区别的责任原则,同国际社会一道积极应对全球气候变化。国务院高度重视贯彻常委会的决议,提出我国控制温室气体排放行动目标,既维护了我国的发展权益,又展示了良好的国际形象,得到国际社会的广泛好评。
 
In response to the severe challenges brought on by intensifying resources and environmental constraints, the Standing Committee enacted the Law on Promoting the Circular Economy and revised the Law on Renewable Energy, the Law on Water and Soil Conservation, and the Law on Promoting Clean Production. It listened to and deliberated reports on environmental protection, prevention and control of water pollution, and management of land and mineral resources, and it investigated compliance with the Environmental Impact Assessment Law, the Law on Promoting Clean Production and the Energy Conservation Law. All this work promoted green, circular and low-carbon development and socialist ecological progress by legislative means. After listening to and deliberating the State Council’s report on its response to climate change, the Standing Committee adopted a resolution on actively addressing climate change, which further defined the guiding thought, basic principles and required measures in this area, and stressed the need to adhere to the principle of common but differentiated responsibilities and to actively cope with global climate change together with the international community. The State Council attached great importance to implementing this resolution and set forth action targets for controlling greenhouse gas emissions, which not only safeguarded China’s development interests, but also projected its good image in the world and won widespread acclaim from the international community.
 
为贯彻党的十七届六中全会精神,常委会听取审议文化体制改革、文化产业发展等报告,并制定非物质文化遗产法,开展文物保护法执法检查。常委会组成人员强调,促进文化大发展大繁荣,要坚持社会主义先进文化前进方向,坚持中国特色社会主义文化发展道路,坚持把社会效益放在首位,继续深化体制机制改革,完善公共文化服务体系,大力发展文化事业,积极发展文化产业,弘扬中华优秀传统文化,更好地满足人民精神文化需求。
 
To implement the guiding principles of the Sixth Plenary Session of the Party’s Seventeenth National Congress, the Standing Committee listened to and deliberated reports on reform of the cultural system and development of the cultural industry. It enacted the Intangible Cultural Heritage Law and investigated compliance with the Law on the Protection of Cultural Relics. Standing Committee members emphasized that to achieve great cultural development and enrichment, it is necessary to adhere to the orientation of advanced socialist culture and the socialist path of making cultural advances with Chinese characteristics, give high priority to social benefits, continue to deepen reform of cultural institutions and mechanisms, and improve the system of public cultural services. They also emphasized the need to greatly develop cultural programs, actively develop the cultural industry, promote fine traditional Chinese culture, and better satisfy people’s intellectual and cultural needs.
 
二是围绕加强和创新社会管理,促进社会和谐稳定。为推进网络依法规范有序运行,保护公民个人及法人电子信息安全,作出关于加强网络信息保护的决定。近些年来,网络技术迅猛发展、广泛运用,对促进经济社会发展发挥了重要作用,同时也带来很多严重问题。社会各方面强烈呼吁加强网络社会管理、严厉打击网络违法犯罪,全国人大代表也多次提出议案建议,要求尽快制定网络安全方面的法律。常委会认真总结网络发展和管理的实践经验,分析国外网络立法情况,广泛听取各方面意见,以法律形式保护公民个人及法人电子信息安全,确立网络身份管理制度,明确网络服务提供者的义务和责任,并赋予政府主管部门必要的监管手段。常委会的决定对促进社会和谐,维护国家安全和政治稳定,确保国家长治久安具有重要意义。
 
Second, we strengthened and made innovations in social management in order to promote social harmony and stability. We adopted a decision to strengthen Internet information protection in order to ensure the law-based and orderly operation of the Internet and protect the security of the electronic information of citizens and legal persons. In recent years, the fast development and wide application of network technologies has been instrumental in stimulating economic and social development, but it has also given rise to many serious problems. There were extensive and loud calls in society for stronger social management of the Internet and crackdown on cybercrime. NPC deputies also put forth many bills and proposals, and demanded that a law on cyber security be enacted as soon as possible. The Standing Committee thoroughly reviewed practical experience in developing and managing the Internet, analyzed other countries’ legislation concerning the Internet, and solicited opinions from all sectors, and on this basis used statutory means to protect the security of the electronic information of citizens and legal persons and established the online ID management system. It spelled out the obligations and responsibilities of Internet service providers and conferred necessary means of oversight and supervision on competent government departments. This decision of the Standing Committee is of great significance for promoting social harmony, safeguarding national security and political stability, and ensuring enduring peace and stability of the country.
 
常委会制定人民调解法,总结人民调解工作积累的好经验好做法,从法律上完善这一具有中国特色的非诉讼纠纷解决方式,明确人民调解与其他纠纷解决机制的关系,加强对人民调解工作的支持和保障,努力将民间纠纷和社会矛盾化解在基层,解决在萌芽状态。为预防和减少因医疗损害、环境污染、产品缺陷等引发的社会矛盾,在侵权责任法中对归责原则、赔偿范围及标准等作出明确规定,更好地起到平衡利益、定分止争的作用。为强化公共安全体系建设,及时修改道路交通安全法和消防法,听取审议相关工作报告,强调要坚持警钟长鸣、常抓不懈,加大交通肇事行为处罚力度,加大人员密集场所消防设施建设,大力整治安全隐患,切实保障人民群众生命财产安全。为推动加强基层社会管理服务,开展城市社区建设有关问题专题调研,强调要充分发挥我国的政治优势和制度优势,强化基层党政组织、城乡社区群众自治组织社会管理和公共服务职能,努力提高社会管理科学化水平。
 
In enacting the People’s Mediation Law, the Standing Committee reviewed the good experience and methods of people’s mediation, incorporated into law this uniquely Chinese way of resolving disputes without recourse to litigation, clarified its relationship with other mechanisms for resolving disputes, and strengthened support and guarantees for the work of people’s mediation, so as to resolve people’s disputes and social problems at the community level and nip them in the bud. To prevent and reduce social problems arising from medical misadventures, environmental pollution and defective products, the Standing Committee defined the principle of liability attribution and the scope and standards of compensation in the Law on Tort Liability, which will better help balance interests and resolve disputes. In order to strengthen the public safety system, we revised the Road Traffic Safety Law and the Fire Protection Law in a timely manner, and listened to and deliberated relevant work reports. We stressed the need to keep alert to potential risks, tirelessly deal with them, mete out heavier penalties to perpetrators of traffic accidents, better equip places with a high concentration of people with firefighting equipment, and eliminate latent hazards, in order to effectively protect people’s lives and property. In order to enhance social management and services at the community level, we carried out investigations and studies on problems related to urban community development, and emphasized the need to make full use of China’s political and institutional strengths, make community-level Party and government organizations and urban and rural community-based self-governing organizations better able to exercise social management and provide public services, and strive to make social management more scientific.
 
三是抓住改革发展面临的深层次矛盾,推动重要领域改革。改革开放以来,我国城乡居民收入不断增加、生活水平不断提高,但收入分配领域也逐渐积累了一些突出矛盾和问题。合理调整收入分配关系,既是事关全局的一项重大改革,也是转变经济发展方式的客观需要。常委会对此高度重视,2010年将国民收入分配问题作为调研的重点课题,提出尽快制订收入分配改革方案的意见和建议,为中央研究编制“十二五”规划提供重要参考。2011年又着重就提高居民收入在国民收入分配中的比重、提高劳动报酬在初次分配中的比重、规范收入分配秩序、强化税收调节作用等问题,组织开展专题调研,要求有关方面认真落实“十二五”规划纲要确定的目标任务,尽快扭转收入差距扩大趋势,形成合理有序的收入分配格局,使发展成果惠及全体人民。
 
Third, we helped advance reform in key areas with the focus on recondite problems in reform and development. Since the adoption of reform and opening up, the income of both urban and rural residents has risen and their lives have improved. However, some prominent conflicts and problems have emerged in income distribution. Properly adjusting income distribution is not only a major reform bearing on the overall situation, but also an objective requirement for changing the growth model. The Standing Committee attached great importance to this issue. In 2010, it listed national income distribution as a key topic for investigation and study, and made suggestions on formulating a plan as soon as possible for carrying out income distribution reform, which served as important reference material for the central leadership in drawing up the Twelfth Five-Year Plan. In 2011, the Standing Committee organized and carried out investigations and studies on raising the proportion of individual income in the national income, increasing the proportion of work remuneration in primary distribution, improving the way income is distributed and making better use of taxation in adjusting income. We called on everyone involved to conscientiously attain the objectives and fulfill the tasks of the Twelfth Five-Year Plan, narrow the growing income gap as soon as possible, and form a reasonable and orderly pattern of income distribution, so that everyone shares in the fruits of development.
 
针对调研中发现的一些地方政府融资平台公司数量多、举债融资不规范、不少地区和行业偿债能力弱等问题,我们及时提出要高度重视防范和化解地方政府性债务风险。国务院于2010年12月部署地方政府性债务专项审计,并在2011年的审计工作报告中向常委会汇报了专项审计情况;与此同时,我们就化解地方政府性债务风险开展专题调研。常委会组成人员强调,要抓紧清理地方政府融资平台公司,对已形成的地方政府性债务要区别情况、分类处理,逐步化解地方政府性债务风险;地方政府性债务收支要纳入预算,接受同级人大审查和监督,地方各级预算要按照量入为出、收支平衡的原则编制,不能打赤字。
 
In light of problems we found during investigations and studies such as too many local government financing corporations, insufficient standardization of debt financing, and the inability of many regions and industries to repay their debts, we proposed that the government should work to guard against and defuse local government debt risks. The State Council began auditing local government debt in December 2010 and reported the results to the Standing Committee in its 2011 report on auditing work. At the same time, we conducted investigations and studies on how to defuse local government debt risks. Members of the Standing Committee stressed the need to promptly put local government financing corporations in order, deal with existing local government debts on the basis of their circumstances and type, and gradually defuse local government debt risks. They also stressed the need for local governments to include revenue and expenditures of their debts in their budgets and subject them to review and oversight by the people’s congress at the same level, and for local governments to prepare their budgets on the basis of the principle of balancing accounts by keeping expenditures within the bounds of revenue and not allowing a deficit.
 
建立健全县级基本财力保障机制,关系到国家基层政权建设和经济社会发展大局。针对一些地方县级财政困难,2008年常委会在审查中央决算时提出,要力争用2至3年时间建立起以保工资、保运转、保民生为目标的县级基本财力保障机制。随后,就这个问题多次开展专题调研,并在2012年听取审议国务院相关报告。常委会组成人员对这些年县级基本财力保障工作取得的积极进展给予充分肯定,同时强调要进一步合理界定县级政府支出责任,提高一般性转移支付比重,大力发展县域经济,健全中央和地方财力与事权相匹配的体制,增强基层政府提供基本公共服务的能力。
 
Establishing a sound mechanism to ensure basic funding for county-level governments is essential for strengthening them and carrying out overall economic and social development. To help county-level governments that have financial difficulties, when examining the final accounts of the central government in 2008, the Standing Committee declared that a mechanism ensuring payment of wages and salaries, normal government operations and people’s wellbeing should be established within two to three years to ensure basic funding for county-level governments. Then we conducted many investigations and studies, and listened to and deliberated the State Council’s report on this issue in 2012. While fully affirming the positive results in ensuring basic funding for county-level governments, members of the Standing Committee emphasized the need to properly define the spending responsibilities of county-level governments, raise the proportion of general transfer payments, vigorously develop county economies, progressively establish a system in which the financial resources of the central and local governments are in line with their responsibilities, and make these governments better able to provide basic public services.
 
2008年5月四川汶川特大地震灾害发生后,我们按照中央部署紧急行动,第一时间召开委员长会议,听取国务院专题汇报,根据特事特办原则,立足灾区实际需要,建议动用中央预算稳定调节基金,建立灾后恢复重建基金;6月份的常委会会议,专门听取审议国务院抗震救灾工作报告并作出决议,全力支持国务院和有关方面的工作,动员全国人民支援灾区、共克时艰,并批准2008年中央预算调整方案,为抗震救灾及恢复重建提供资金保障;12月份的常委会会议,在总结抗震救灾实践经验的基础上,对防震减灾法作出重大修改,为抗震救灾及恢复重建提供法律保障。
 
In the wake of the massive earthquake that hit Wenchuan, Sichuan Province, in May 2008, we sprang into action under the direction of the central leadership and held a meeting of the Chairperson’s Council to listen to the State Council’s report on the earthquake. On the basis of the principle of taking special measures in special situations, we proposed that the central budget stabilization fund should be used to establish a fund for post-earthquake recovery and reconstruction to meet the actual requirements of earthquake-devastated areas. At its June meeting, the Standing Committee listened to the State Council’s report on earthquake relief and adopted a resolution to fully support the work of the State Council and other parties and called on people throughout the country to support earthquake-hit areas and get through the hard times together. At the meeting we also approved the revision of the 2008 central budget to ensure funding for earthquake relief and post-earthquake recovery and reconstruction. Based on its review of the practical experience in earthquake relief, the Standing Committee made major revisions at its December meeting to the Law on Protecting Against and Mitigating Earthquake Disasters, thereby providing legal guarantees for earthquake relief and post-disaster recovery and reconstruction.
 
香港特别行政区基本法、澳门特别行政区基本法的解释权属于全国人大常委会。常委会审议通过关于香港特别行政区基本法第十三条第一款和第十九条的解释,明确国家豁免属于外交事务范畴、决定国家豁免规则和政策属于中央的权力、香港特别行政区须遵循国家统一的国家豁免规则和政策。这是第一次由香港特别行政区终审法院在审理案件过程中,就基本法有关中央人民政府管理的事务和中央与特别行政区关系的条款,提请全国人大常委会进行解释。常委会审议通过关于澳门特别行政区基本法附件一第七条和附件二第三条的解释,明确修改澳门特别行政区行政长官和立法会产生办法的程序,并在认真审议澳门特别行政区行政长官提出的有关报告基础上,作出关于澳门特别行政区2013年立法会产生办法和2014年行政长官产生办法有关问题的决定。还分别对香港特别行政区、澳门特别行政区行政长官和立法会产生办法修正案给予批准或备案。常委会作出的有关解释和决定,确保了“一国两制”方针贯彻落实,确保了两个基本法全面正确实施。
 
The power to interpret the Basic Law of the Hong Kong Special Administrative Region (HKSAR) and the Basic Law of the Macao Special Administrative Region (MSAR) belongs to the NPC Standing Committee. The Standing Committee examined and approved the interpretations of Paragraph 1 of Article 13 and of Article 19 of the Basic Law of the HKSAR, and made it clear that state immunity falls under the category of diplomatic affairs, that the power to decide rules and policies concerning state immunity belongs to the central government, and that the HKSAR must abide by unified state rules and policies on state immunity. This was the first time the Court of Final Appeals of the HKSAR, in the course of adjudicating a case, requested the Standing Committee to render an interpretation concerning articles of the Basic Law pertaining to matters administered by the Central People’s Government and relations between the central government and the special administrative region. The Standing Committee also examined and approved the interpretations of Article 7 of Annex I and Article 3 of Annex II of the Basic Law of the MSAR to clarify the procedures for revising the methods for selecting the Chief Executive of the MSAR and forming its Legislative Council. On the basis of careful deliberation of a report by the Chief Executive of the MSAR, the Standing Committee adopted a decision on the methods for forming the Legislative Council of the MSAR in 2013 and selecting its Chief Executive in 2014. The Standing Committee approved or kept on file the amendments to the methods for selecting the chief executives of the HKSAR and MSAR and forming their legislative councils. These interpretations and decisions of the Standing Committee ensured the implementation of the principle of “one country, two systems” and the comprehensive and correct implementation of the two basic laws.
 
三、把维护最广大人民根本利益作为人大工作的出发点和落脚点。在我国,国家的一切权力属于人民,人民是国家和社会的主人。人民通过各级人民代表大会行使国家权力,管理国家和社会事务、管理经济和文化事业。我们始终坚持人民主体地位,坚持走群众路线,从人民的实践创造中汲取智慧,从人民的发展要求中获得动力,努力使人大各项工作更好地反映民意、集中民智、贴近民生,实现好维护好发展好最广大人民的根本利益。
 
3. Making safeguarding the fundamental interests of the overwhelming majority of the people the starting point and objective of the work of the NPC
 
In China, all state power belongs to the people, and the people are the masters of the country and society. The people exercise state power and manage state and societal affairs and economic and cultural undertakings through people’s congresses at all levels. We always upheld the principal position of the people, adhered to the mass line, derived wisdom from their practices and creations, and drew motivation from their demands for development. We worked hard to make the NPC’s work better reflect the sentiments of the people, pool their wisdom and show concern for their wellbeing; and to realize, safeguard and develop the fundamental interests of the overwhelming majority of the people.
 
一是健全民主制度,发展人民民主。选举权是人民当家作主的基本权利。我们贯彻落实党的十七大精神,修改选举法,实行城乡按相同人口比例选举人大代表,保证各民族、各地区、各方面都有适当数量的人大代表,更好地体现人人平等、地区平等、民族平等。提出做好全国县乡人大换届选举和全国人大代表选举工作的指导意见,就十二届全国人大代表选举的有关法律问题作出决定。各地坚持党的领导、充分发扬民主、严格依法办事,全国县乡人大换届选举顺利完成,十二届全国人大代表顺利产生,代表结构进一步优化,为坚持和完善人民代表大会制度提供了坚实的组织保障。
 
First, we improved democratic institutions and developed people’s democracy. The right to vote is the people’s basic right as masters of the country. Following the guiding principles of the Seventeenth CPC National Congress, we revised the Electoral Law of the National People’s Congress and Local People’s Congresses to ensure that deputies to people’s congresses are elected based on the same population ratio in both urban and rural areas, and that people’s congresses have an appropriate number of deputies from every ethnic group, region and sector, in order to more fully embody equality between all people, regions and ethnic groups. We formulated guidelines on electing new people’s congresses at county and township levels across the country and electing deputies to the NPC, and made a decision on legal issues concerning the election of deputies to the Twelfth NPC. All localities upheld the leadership of the Party, brought democracy into full play, and strictly complied with the law, and on that basis smoothly completed the election of their new county and township people’s congresses and elected their deputies to the Twelfth NPC. The deputy mix was further improved. This provided a firm organizational guarantee for upholding and improving the system of people’s congresses.
 
基层民主制度是人民依法直接行使民主权利的重要制度保障。常委会修改村民委员会组织法,完善村委会选举和罢免程序,健全村民会议、村民代表会议等民主议事制度,强化信息公开、村务监督、民主评议等方面规定,保证基层群众更好地行使民主选举、民主决策、民主管理、民主监督的权利。检查工会法实施情况,强调要全心全意依靠工人阶级,健全企事业单位民主管理制度,保障职工的知情权、参与权、表达权、监督权。
 
Community-level democracy is an important institution ensuring that the people directly exercise their democratic rights in accordance with the law. The Standing Committee revised the Organic Law of Villagers’ Committees, improved procedures for electing and dismissing members of villagers’ committees, enhanced democratic procedural systems such as villagers’ congresses and villagers’ conferences, and strengthened regulations on transparency in and oversight and democratic discussion of village affairs, in order to ensure that villagers better exercise their right to conduct democratic elections, decision-making, administration and oversight. We investigated compliance with the Trade Union Law, stressed the need to rely on the working class wholeheartedly, and improved the democratic management system of enterprises and public institutions to ensure their employees’ right to stay informed about, participate in, express views on and oversee their organization’s affairs.
 
二是加强社会领域立法和监督,保障和改善民生。为推进城乡社会保障体系建设,常委会制定社会保险法,明确国家建立基本养老、基本医疗和工伤、失业、生育等社会保险制度,并对群众最为关心的基本养老保险关系转移接续,提高基本养老保险基金统筹层次,建立新型农村社会养老保险制度和新型农村合作医疗制度等作出原则规定。修改老年人权益保障法,适应我国人口老龄化趋势,确立社会养老服务体系的基本框架,逐步提高老年人保障水平。听取审议农村社会保障体系建设、社会救助工作情况报告,要求加快实现新型农村社会养老保险全国覆盖,逐步提高新型农村合作医疗补助标准,尽快解决失地农民社会保障等问题,切实保障城乡生活困难群众基本生活。还组织有关专门委员会就农村社会保障体系建设开展跟踪检查,并听取审议跟踪检查报告,有力地推动了相关工作,新农保参保人数从2010年初的3326万人增加到2012年底的4.6亿人。
 
Second, we strengthened social legislation and oversight to safeguard and improve people’s wellbeing. The Standing Committee enacted the Social Insurance Law to advance development of the social security system for both urban and rural residents. The law clearly states that the state establishes a social security system that includes basic old-age insurance, basic medical insurance, workers’ compensation, unemployment insurance and maternity insurance. In addition, the Standing Committee also set forth provisions in principle on how to transfer basic old-age insurance accounts between localities, which is of the greatest concern to people; turn over unified management of basic old-age insurance funds to higher-level authorities; and establish a new old-age insurance system for rural residents and a new rural cooperative medical care system. In response to the aging of the population, we revised the Law on Guaranteeing the Rights and Interests of Senior Citizens so as to create the basic framework for a system of social services for seniors and progressively raise the level of guarantees. We listened to and deliberated reports on development of the rural social security system and on social aid, and set forth the requirements of quickly achieving full coverage of the new old-age insurance for rural residents, progressively raising government subsidies for subscribers to the new rural cooperative medical care system, providing social security for landless rural residents as soon as possible, and ensuring that poor urban and rural residents can meet basic living expenses. We organized an NPC special committee to make a follow-up investigation on development of the rural social security system, and listened to and deliberated their investigative reports. All this greatly spurred rural social security work, and the number of subscribers to the new rural old-age insurance system increased from 33.26 million at the beginning of 2010 to 460 million at the end of 2012.
 
住房、医疗和教育是人民群众十分关心的重大民生问题。常委会听取审议城镇保障性住房建设和管理、深化医药卫生体制改革进展情况报告,并开展专题询问,强调要建立可持续的保障性住房建设资金投入机制,严格区分保障性住房和改善性住房的界限,建立健全保障性住房公平分配和运营机制,真正使低收入住房困难户得到实惠;医药卫生体制改革要优先满足群众基本医疗卫生需求,着力解决群众反映强烈的“看病难”、“看病贵”问题。为规范义务教育,十届常委会修改了义务教育法,明确规定义务教育经费纳入财政预算,义务教育不收学费杂费,并就此开展执法检查,本届常委会又开展新一轮执法检查,重点推动落实义务教育经费保障机制。还听取审议国家中长期教育改革和发展规划纲要实施情况报告,强调要确保2012年国家财政性教育经费支出占国内生产总值的比重达到4%。
 
Housing, medical care and education are major issues concerning the wellbeing of the people and are of great concern to them. The Standing Committee listened to and deliberated reports on building and managing government-subsidized urban housing and on progress in deepening reform of the medical and health care systems; conducted inquiries on these issues; and stressed the need to establish a mechanism of sustainable funding for building government-subsidized housing, strictly differentiate government-subsidized housing from second homes, and establish a sound mechanism for equitable distribution and operation of government-subsidized housing, in order to genuinely benefit low-income people with housing difficulties. The Standing Committee also emphasized that the reform of the medical and health care systems needs to give high priority to meeting people’s demand for basic medical and health care and great efforts should be made to solve the problem of unaffordable and inadequate medical services, a problem people are very concerned about. To make compulsory education more standardized, the Standing Committee of the Tenth NPC revised the Law on Compulsory Education, which clearly stipulates that funding for compulsory education shall be included in government budgets and students receiving compulsory education shall be exempted from paying tuition and miscellaneous fees. The Standing Committee also investigated compliance with the law. This Standing Committee carried out more investigations for the same purpose, with the focus on promoting the implementation of the mechanism for ensuring funding for compulsory education. We also listened to and deliberated a report on the implementation of the National Medium- and Long-Term Plan for Education Reform and Development, and stressed the need to ensure that government spending on education should account for 4% of China’s GDP in 2012.
 
食品安全、饮用水安全关系人民群众身体健康和生命安全。针对食品非法添加、滥用食品添加剂等突出问题,常委会制定的食品安全法明确规定,只有在技术上确有必要、经过风险评估证明安全可靠的食品添加剂才能使用;确需使用食品添加剂的,必须严格执行食品安全标准规定的品种、范围和用量。还两次开展食品安全法执法检查,推动国务院及其有关部门健全食品安全统筹协调机制,完善食品安全标准体系,建立风险监测和评估机制,开展食品非法添加、滥用食品添加剂专项整治,依法查处了一批典型案件。为推动解决城乡居民饮用水安全问题,在听取审议国务院相关报告时,要求切实加强饮用水水源保护和管理,积极推进农村饮用水安全工程建设和城市供水管网改造,着力提升水源、水质监测能力和突发事件应急处置能力。
 
Food and drinking water safety is vital to people’s health and lives. To address serious problems of illegal use and misuse of food additives, the Standing Committee enacted the Law on Food Safety, which clearly stipulates that food additives may be used only if they are technically necessary and have been proved safe through risk assessment, and that when the use of a food addictive is necessary, the type, scope and concentration of the food additive used must strictly conform with food safety standards. We conducted two rounds of inspections on compliance with the law. On our urging, the State Council and its relevant departments improved the mechanism for coordinating food safety work and the system of food safety standards, created a risk monitoring and assessment mechanism for food safety, carried out a campaign to stop the illegal use and misuse of food additives, and investigated a number of prominent cases and brought the perpetrators to justice in accordance with the law. In order to help solve problems in ensuring drinking water safety for urban and rural residents, when we listened to and deliberated the State Council’s report on the issue, we called for effectively strengthening protection and management of drinking water sources, energetically carrying out the project to ensure drinking water safety in rural areas, upgrading urban water supply networks, and improving capabilities to monitor the sources and quality of drinking water and respond to emergencies.
 
消除贫困、实现共同富裕,是社会主义的本质要求。为贯彻2011年中央扶贫开发工作会议精神,我们把推动扶贫开发作为监督工作的重要内容,深入大别山革命老区等地,实地了解连片特困地区群众所思所盼,立足当前、着眼长远,提出依托本地资源优势发展特色农业、开展农村金融改革试点、建设工业园承接产业转移、加强职业教育、完善基础设施等具体措施,并加强同国务院有关部门及地方政府的沟通协调,推动这些重大举措落到实处,努力探索革命老区脱贫致富、科学发展的新路子。常委会还听取审议少数民族和民族地区经济社会发展情况的报告,组织有关专门委员会开展调查研究,督促有关方面认真贯彻实施民族区域自治法,落实中央加快民族地区经济社会发展的政策措施,加大在基础设施建设、优势产业发展、基本公共服务、扶贫开发和生态保护等方面的支持力度,推进民族地区实现跨越式发展。
 
Eradicating poverty and bringing prosperity to all is an essential requirement of socialism. In accordance with the guiding principles of the 2011 Central Work Conference on Poverty Alleviation and Development, we made facilitating poverty alleviation and development an important aspect of our oversight work, and travelled to the old revolutionary base area in the Dabie Mountains and other contiguous poor areas to find out what the people there think and expect of the government. Basing ourselves in the present while looking ahead to the future, we proposed specific measures to encourage regions to use their local resource advantages to develop agriculture, launch a trial financial reform in rural areas, develop industrial parks and relocate industries to them, strengthen vocational education, and improve infrastructure. We strengthened communication and coordination with State Council departments and local governments to ensure that these measures were implemented. We did this as part of our efforts to find new ways for old revolutionary base areas to shake off poverty and develop in a scientific way. In addition, the Standing Committee listened to and deliberated reports on the economic and social development of ethnic minorities and ethnic minority areas; arranged for special committees to conduct investigations and studies on this issue; and urged relevant authorities to earnestly implement the Law on Regional Ethnic Autonomy, carry out the central leadership’s policies and measures for accelerating economic and social development of ethnic minority areas, and increase support for these areas to develop their infrastructure, industries with local advantages, and basic public services, and to advance poverty alleviation, development and ecological conservation so they might achieve leapfrog development.
 
三是完善诉讼、刑事、行政法律制度,尊重和保障人权。十届全国人大通过的宪法修正案,明确将国家尊重和保障人权载入宪法。按照这一宪法原则,我们贯彻中央司法体制改革精神,修改刑事诉讼法,正确处理惩治犯罪与保障人权的关系,从证据制度、辩护制度、强制措施、审判程序、执行程序等方面对现行刑事诉讼制度作了重要补充和完善。修改民事诉讼法,进一步保障民事案件当事人诉讼权利,健全举证制度,完善调解与诉讼衔接机制,强化民事诉讼法律监督。为落实宽严相济的刑事政策,十届常委会修改的人民法院组织法,将死刑案件核准权统一收归最高人民法院,本届常委会审议通过的刑法修正案(八),取消13个经济性非暴力犯罪死刑罪名,使我国刑罚结构更趋合理。行政强制制度和国家赔偿制度直接涉及公权力的行使和公民合法权益的保护。在制定行政强制法和修改国家赔偿法过程中,坚持正确处理权力与权利、权力与责任的关系,既赋予国家行政机关、审判机关、检察机关必要的权力,又对权力的行使进行规范、制约和监督,避免和防止权力滥用,切实维护公民、法人和其他组织的合法权益。
 
Third, we improved the procedural, criminal and administrative legal systems to better respect and protect human rights. The revised Constitution passed by the Tenth NPC categorically stipulates that the state respects and protects human rights. In light of this constitutional principle and the central leadership’s guidelines on reforming the judicial system, we revised the Criminal Procedure Law to properly balance punishing crime and protecting human rights, and considerably supplement and improve the current criminal procedure system in terms of the system of evidence, the system of defense, coercive measures, procedures for trials, and procedures for executing judgments. We revised the Civil Procedure Law to better safeguard the procedural rights of parties to civil lawsuits, improve the system of evidence, improve the mechanism for coordinating mediation and litigation, and strengthen oversight of civil litigation proceedings. To implement the penal policy of severity tempered with mercy, the Standing Committee of the Tenth NPC revised the Organic Law of the People’s Courts so that the Supreme People’s Court alone has the power to rule on cases carrying the death penalty, and this Standing Committee deliberated and passed Amendment VIII to the Criminal Law to remove 13 nonviolent economic crimes from the list of capital crimes, thereby making punishment better fit the crime. The administrative enforcement system and the state compensation system directly affect the exercise of public power and the protection of citizens’ legitimate rights and interests. We enacted the Law on Administrative Enforcement and revised the Law on State Compensation by striking a proper balance between powers and rights and between powers and responsibilities, and giving state administrative, judicial and procuratorial bodies the powers they require while standardizing, constraining and overseeing their exercise of power, in order to avoid and prevent abuses of power and effectively protect the legitimate rights and interests of citizens, legal persons and other organizations.
 
四、充分发挥人大代表参与管理国家事务的作用。全国人大代表是最高国家权力机关组成人员。尊重代表的权利就是尊重人民的权利,保障代表依法履职就是保证人民当家作主。我们始终把充分发挥代表作用作为坚持和完善人民代表大会制度的重要内容,在总结实践经验的基础上修改代表法,进一步推进代表工作制度化,提高代表服务保障工作水平,更好地发挥代表参与管理国家事务的作用。
 
4. Getting deputies to the NPC to fully play their role in participating in the administration of state affairs
 
Deputies to the NPC are members of the highest body of state power. Respecting the rights of deputies is tantamount to respecting those of the people, and guaranteeing that deputies perform their duties in accordance with the law is the same as ensuring that the people are masters of the country. We always made getting deputies to fully play their role an important aspect of upholding and improving the system of people’s congresses. We revised the Law on Deputies to People’s Congresses on the basis of a review of our practical experience, made our work related to deputies more systemic, provided better services for them, and got them to better play their role in participating in the administration of state affairs.
 
一是保证代表参加行使国家权力。出席人民代表大会会议,审议和表决各项议案、报告和其他议题,是代表参加行使国家权力的主要形式。为充分保证代表的民主权利,每次大会前,组织代表审阅和讨论拟提请大会审议的重要议案,认真听取代表意见和建议;会议期间,坚持发扬民主、集思广益,督促有关方面根据代表的意见和建议,修改完善各项议案和报告;会议结束后,及时将代表审议意见汇总整理,送有关方面研究改进工作。充分保证代表知情知政,及时向代表提供经济社会发展情况等材料,适时举办形势报告会,组织代表开展集中视察和专题学习,帮助代表了解党和国家重大决策以及有关工作进展情况,为代表审议好议案和报告创造条件。
 
First, we ensured that deputies to the NPC participated in the exercise of state power. The deputies to this NPC participated in the exercise of state power mainly by attending NPC sessions and deliberating and voting on bills, reports and other matters. To fully ensure the democratic rights of deputies, before NPC sessions we organized them to go over and discuss important bills to be presented to the session for deliberation, and we conscientiously listened to their comments and suggestions on them. During NPC sessions, we promoted democracy, adopted all useful ideas of deputies, and urged relevant parties to revise and improve their bills and reports in light of deputies’ comments and suggestions. After NPC sessions, we promptly consolidated and put in order the comments and suggestions of deputies and referred them to relevant parties to study them and make improvements. We made every effort to keep deputies informed of developments in state affairs by promptly providing them with materials on the country’s economic and social development, holding meetings as needed to brief them on the situation, and organizing inspection tours and study sessions for them on special topics, and helped them become acquainted with the major decisions of the Party and country and the progress of their work, thereby creating good conditions for them to deliberate bills and reports.
 
二是增强代表议案和建议办理实效。提出议案和建议是代表依法履职的重要内容,办理代表议案和建议是国家机关的法定职责。常委会每年听取审议各专门委员会关于代表议案审议结果的报告,听取常委会办公厅和有关方面关于代表建议办理情况的报告。代表议案和建议承办单位注重加强与代表的联系,邀请代表参加座谈会和专题调研,共同研究办理方案,有关专门委员会还加强对重点办理代表建议的跟踪督办,努力使议案办理过程成为提高立法质量的过程,使建议办理过程成为推动改进工作的过程。职业病防治法的修改,就吸收了代表提出的明确用人单位责任、发挥工会组织作用、加强工作场所环境检测等意见。宁夏代表团建议中提出的保障西海固地区饮水安全、实施生态移民搬迁以及发展节水高效农业等问题,内蒙古代表团建议中提出的保护草原生态、增加牧民收入等问题,经过持续跟踪督办和各方面共同努力,已经得到较好解决,一些好的做法还在全国推广。这不仅是充分发挥代表作用的结果,更是人民当家作主的重要体现。
 
Second, we handled bills and proposals of deputies more effectively. Submitting bills and proposals is an important way deputies perform their duties in accordance with the law, and it is the legally mandated duty of state bodies to handle their bills and proposals. Every year, the Standing Committee listened to and deliberated reports of special committees on the results of their deliberation of deputies’ bills, and listened to reports of the General Office of the Standing Committee and relevant parties on their handling of deputies’ proposals. Organizations to which deputies’ bills and proposals were referred increased ties with deputies, invited them to participate in symposiums and in investigations and studies on special issues, and worked with them on studying and handling their bills and proposals. Special committees strengthened follow-up oversight of the handling of key proposals and worked to ensure that the handling of bills raised the quality of legislation, and the handling of proposals helped improve work. For example, the Law concerning the Prevention and Control of Occupational Diseases was revised on the basis of deputies’ proposals that the responsibilities of employers be clarified, trade unions play a bigger role, and workplace monitoring be strengthened. The problems of how to ensure safe drinking water in Xihaigu, Ningxia, relocate people for ecological reasons, and develop water-conserving, high-efficiency agriculture, raised by the Ningxia delegation of deputies in its proposals to the NPC, and the problems of how to protect the ecology of grasslands and increase herdsmen’s incomes, put forward by the Inner Mongolia delegation in its proposals, have all been solved satisfactorily owing to special committees’ continued follow-up oversight and the concerted efforts of everyone involved, and some of the solutions have also been spread throughout the country. This was not only the result of deputies playing their role, but was an important manifestation of the position of the people as masters of the country.
 
三是扩大代表对常委会工作的参与。常委会由代表大会产生,对代表大会负责,受代表大会监督。常委会注重紧紧依靠代表做好各项工作,建立健全代表参与常委会工作的机制。在制定立法规划和年度立法、监督工作计划时,认真研究代表议案和建议反映集中的突出问题,并作为确定立法和监督项目的重要依据。在开展立法、监督工作的过程中,邀请相关领域和熟悉情况的代表参与立法调研、专题调研和执法检查,邀请代表列席常委会会议和专门委员会会议,重要法律草案还书面征求全体代表意见,充分采纳代表提出的合理建议。列席会议和参加活动的代表精心准备、积极参与,为提高常委会工作质量发挥了重要作用。
 
Third, we expanded deputies’ participation in the work of the Standing Committee. The Standing Committee is formed by the NPC and is responsible to it and subject to its oversight. The Standing Committee relied closely on deputies so it could do its work well and put in place a sound mechanism for deputies’ participation in its work. When drawing up legislative plans and annual plans for legislative and oversight work, we carefully studied the major problems deputies most commonly raised in their bills and proposals and took them as an important basis for setting legislative and oversight tasks. In the course of our legislative and oversight work, we invited deputies who are involved in the concerned area or familiar with the issues to participate in investigations and studies of legislative matters or special topics and in investigations of compliance with laws, and to attend the meetings of the Standing Committee and special committees in a nonvoting capacity. In addition, we solicited written opinions on major draft laws from all deputies to the NPC and adopted all their reasonable suggestions. Deputies who attended the meetings in a nonvoting capacity or took part in other activities carefully prepared in advance and actively participated, thus playing an important role in improving the quality of the work of the Standing Committee.
 
四是密切代表同人民群众的联系。人大代表工作和生活在人民中间,同人民群众保持着密切联系,对党和国家的方针政策、宪法和法律的贯彻实施体会最深刻,对现实生活中的实际问题、人民群众的愿望呼声了解最深入。加强和改进代表联络服务工作,在省级人大常委会设立全国人大代表联络处,建立健全260多个全国人大代表小组,完善代表小组活动方式,拓宽代表联系人民群众的渠道,支持代表通过多种形式听取和反映群众意见。围绕改革发展稳定的重大问题,每年组织代表开展专题调研,并将调研报告转交有关方面研究处理,为党和国家决策提供参考。
 
Fourth, we forged closer ties between deputies and the people. Deputies work and live among the people and have close ties with them. They fully understand how the principles and policies of the Party and government and the country’s Constitution and laws are implemented. They have a thorough knowledge of the practical problems of daily life and what the people want. We strengthened and improved our work of maintaining contacts with and serving deputies, and established contact offices for deputies to the NPC at standing committees of provincial-level people’s congresses. We set up over 260 groups of deputies to the NPC and improved the way they carry out activities. We expanded the channels through which deputies maintain contacts with the people, and supported them in listening to and reporting on the people’s opinions in a variety of ways. Every year we organized investigations and studies for deputies on major issues affecting reform, development and stability, and referred investigative reports resulting therefrom to relevant parties for study and handling, thereby providing reference information for the Party and government to make decisions.
 
五、坚持民主集中制原则、依法按程序办事。我国宪法规定,国家机构实行民主集中制原则。人大是国家权力机关,统一行使国家权力,国家行政机关、审判机关、检察机关都由人大产生,对它负责,受它监督。全国人大及其常委会依照宪法和法律的规定,根据党的主张和人民的意愿,通过制定法律、作出决议,决定国家大政方针,并监督宪法和法律的实施,监督和支持“一府两院”依法行政、公正司法。我们正确处理人大与“一府两院”的关系,做到依法履职、尽职尽责,但不代行行政权、审判权、检察权,保证各国家机关在党的领导下,按照各自职责和分工,协调一致地开展工作,共同为建设中国特色社会主义服务。在具体工作中,注意加强与“一府两院”的沟通协调,共同研究解决立法中存在的主要矛盾和问题;就执法检查、专题调研、计划和预算决算初步审查中发现的问题与有关方面交换意见,将常委会组成人员的审议意见送“一府两院”研究处理,并要求依法向常委会报告研究处理结果;针对法规备案审查中发现的同宪法和法律相抵触的问题,及时与制定机关加强沟通、提出意见,督促自行修改或废止。实践证明,人大依法加强监督,有利于促进“一府两院”改进工作,推动国家各项工作法治化;“一府两院”自觉接受人大监督,有利于依法行政、公正司法,保证人民赋予的权力始终用来为人民谋利益。
 
5. Adhering to the principle of democratic centralism and acting in accordance with the law and procedures
 
China’s Constitution stipulates that state institutions shall apply the principle of democratic centralism. People’s congresses are bodies of state power and exercise state power in a unified way. The administrative, judicial and procuratorial bodies of the state are created by people’s congresses and are responsible to them and subject to their oversight. The NPC and its Standing Committee determine the country’s policies and principles by enacting laws and adopting resolutions on the basis of the provisions of the Constitution and laws, the standpoints of the Party and the will of the people. They oversee the implementation of the Constitution and laws, oversee and support the State Council in carrying out its administrative functions in accordance with the law, and oversee and support the Supreme People’s Court and the Supreme People’s Procuratorate in being fair in exercising their judicial functions. We correctly handle our relationship with the State Council, the Supreme People’s Court and the Supreme People’s Procuratorate. We fully perform our official duties in accordance with the law and do not arrogate the exercise of administrative, judicial or procuratorial power. We ensure that state bodies work in concert and jointly serve building socialism with Chinese characteristics under the leadership of the Party, with each performing its own duties and functions. In our specific work, we strengthened communication and coordination with the State Council, the Supreme People’s Court, and the Supreme People’s Procuratorate and worked with them to study and solve major legislative difficulties and problems. We exchanged views with relevant parties on problems we found in our investigations of compliance with laws; investigations and studies on special topics; and preliminary reviews of the plans, budgets and final accounts of the government. We referred the results of these reviews to the State Council, the Supreme People’s Court, and the Supreme People’s Procuratorate to study and deal with them, and urged them to report how they did so to the Standing Committee in accordance with the law. When we found regulations conflicting with the Constitution and laws as we reviewed and registered them, we promptly communicated with the bodies that formulated them, offered our comments on them, and urged these bodies to revise or rescind them. Experience has proven that the NPC’s intensified, law-based oversight helps improve the work of the State Council, the Supreme People’s Court, and the Supreme People’s Procuratorate and helps put all the work of the country on a legal footing; and that their willing acceptance of the NPC’s oversight helps the State Council to carry out its administrative functions in accordance with the law, helps the Supreme People’s Court and the Supreme People’s Procuratorate to be fair in exercising their judicial functions, and ensures that they always use the power the people have given to them in the interests of the people.
 
人大工作的特点是遵循民主集中制原则,依照法定程序,通过会议形式,集体行使职权,集体决定问题。常委会坚持发扬民主,严格依法按程序办事,保证常委会组成人员充分发表意见包括不同意见,在基本达成共识的基础上,依照法定程序、通过会议形式进行表决,实行一人一票,按照多数人的意见作出决定。在具体工作中,充分发挥协商民主优势,对于意见分歧较大的法律草案和重要事项,采取积极慎重的态度,需要调研的深入调研,需要协商的耐心协商,需要论证的充分论证,真正做到集思广益。还修改常委会议事规则、委员长会议议事规则等,进一步规范议事程序、提高议事效率。正是坚持充分发扬民主、严格依法按程序办事,保证了人大通过的法律、作出的决议更好体现人民的共同意志,更加具有权威性。
 
The characteristics of the NPC’s work are that the NPC follows the principle of democratic centralism, and collectively performs its functions and powers and decides matters at meetings in accordance with statutory procedures. The Standing Committee fosters democracy, acts in strict accordance with the law and statutory procedures, and ensures that its members fully express their opinions, including opposing opinions. After we basically reach consensus on matters, we put them to a vote at meetings in accordance with statutory procedures and the principle of one person, one vote, and then make decisions on the basis of the majority vote. In our specific work, we gave full play to the strengths of consultative democracy. When we were very divided over a draft law or another important matter, we adopted a positive yet cautious attitude and when it was necessary, carried out in-depth research, conducted patient consultations or fully debated issues in order to pool the wisdom of everyone. We revised the procedural rules for the Standing Committee and the Chairperson’s Council, further standardized procedures, and raised the efficiency of procedures at meetings. It was because we fully fostered democracy and acted in strict accordance with the law and statutory procedures that we ensured that the laws enacted by the NPC and the resolutions it adopted better embodied the common will of the people and were more authoritative.
 
六、坚持从国情和实际出发推进人大工作创新。创新工作方式方法,推动人大工作与时俱进,是坚持和完善人民代表大会制度的内在要求,也是做好新形势下人大工作题中应有之义。我们按照宪法和法律的规定,坚持从国情和实际出发,扎实有序推进人大工作创新,做了大量开创性工作,进一步增强了工作实效。
 
6. Carrying out innovation in the NPC’s work by proceeding from China’s national conditions and realities
 
Creating new work methods and making the NPC’s work keep up with the times is an inherent requirement for adhering to and improving the system of people’s congresses and is also essential for doing the NPC’s work well in the new situation. In accordance with the Constitution and laws, we proceeded from China’s national conditions and realities, made solid and orderly progress in making innovations in the NPC’s work, did a lot of creative work and made our work more productive.
 
一是探索科学立法、民主立法新途径。健全法律草案公布机制,法律草案公布实现常态化。常委会审议的法律草案原则上都在中国人大网上公布,重要法律草案还在主要新闻媒体上公布,广泛征求社会各界的意见,同时健全吸纳公众意见反馈机制,积极回应社会关切。这既是扩大人民有序参与立法的过程,也是科学决策民主决策的过程,还起到了普及法律知识的作用。五年来,先后向社会公布48件法律草案,共有30多万人次提出100多万条意见。个人所得税法修正案草案公布后,收到23万多条意见,在综合考虑各方面意见基础上,经过反复协商和充分审议,常委会对草案作出重要修改,将工薪所得减除费用标准提高到3500元,并降低了工薪所得第一级税率。
 
First, we explored new ways of making legislation more scientific and democratic. We improved the mechanism for releasing draft laws for public comments so that their release became a regular practice. In principle all draft laws under deliberation by the Standing Committee are posted at the NPC’s website www.npc.gov.cn, and important ones are also published by China’s main media organizations to solicit opinions from all sectors of society. In addition, we improved the feedback mechanism for recommendations from the general public to actively respond to people’s concerns. This process expands the people’s orderly participation in legislation, makes policymaking more scientific and democratic, and raises people’s awareness of the law. Over the past five years, we released 48 draft laws for public comments and over 300,000 people made more than one million comments on them. After we released the draft Law on Personal Income Tax, we received more than 230,000 comments on it. After comprehensively considering these comments and carrying out repeated consultations and thorough deliberation, the Standing Committee made important revisions to the draft to raise the salary threshold for personal income tax to 3,500 yuan and reduce the first bracket tax rate.
 
开展立法后评估试点,建立立法后评估工作机制。选择科学技术进步法、残疾人保障法等6部法律,通过问卷调查、实地调研、案例分析等多种形式,对法律制度的科学性、法律规定的可操作性、法律执行的有效性等作出客观评价,为修改完善法律提供重要依据。农业技术推广法的修改,就吸收了立法后评估报告提出的明确农业技术推广机构公益性质、强化公益性农业技术推广服务等意见,进一步增强了法律的针对性和可操作性。
 
We launched a pilot project for evaluating laws after they are passed and established a mechanism for this purpose. We selected the Law on Scientific and Technological Progress, the Law on the Protection of Disabled Persons and four other laws, and objectively evaluated how scientific and practicable they are as well as how effectively they were implemented by means of questionnaires, field investigations and studies, and case studies, thereby providing an important basis for revising them. We revised the Law on Disseminating Agricultural Technology on the basis of recommendations in the evaluation report on it that institutions that disseminate agricultural technology should be nonprofit and that nonprofit services for disseminating agricultural technology should be improved. This made the law more targeted and practicable.
 
二是创新监督工作方式方法。询问和质询是人大对“一府两院”实施监督的法定形式。常委会结合听取审议国务院有关报告,分别采取分组会议、联组会议等形式开展专题询问,邀请国务院有关部门主要负责同志到会听取意见、回答询问,同常委会组成人员深入交流,共同研究解决问题的办法,同时通过电视、网络等媒体进行现场报道和直播,产生积极社会反响。会后,选择常委会组成人员关注的重点问题加强跟踪监督,推动有关方面改进工作。
 
Second, we created new methods of overseeing the work of the State Council, the Supreme People’s Court, and the Supreme People’s Procuratorate. Inquiries and interrogations are statutory means by which the NPC oversees them. When the Standing Committee listened to and deliberated reports of the State Council, it conducted inquiries on special topics at group meetings or joint group meetings, and invited heads of State Council departments to listen to the comments of its members, answer their inquiries, thoroughly exchange views with them, and work with them to find solutions. In addition, the Standing Committee had these inquiries broadcast live on television and the Internet, and these broadcasts received a positive response from the general public. Following these meetings, it selected key issues of common concern to its members, strengthened follow-up oversight over them and encouraged relevant parties to improve their work.
 
预算监督是常委会的重要职权。为增强监督实效,将以往在6月份常委会会议上听取审议中央决算报告时一并审议当年前5个月预算执行情况的做法,改为在8月份会议上专门听取审议当年预算执行情况的报告,重点审查全国人大批准的预算及预算决议执行情况、中央财政转移支付情况、重点支出资金到位和使用情况等,同时加强对政府性基金预算、国有资本经营预算执行情况的监督,推动建立政府全口径预算决算制度。
 
An important function and power of the Standing Committee is to oversee central government budgets. In order to make our oversight more effective, we changed the practice of deliberating the implementation of the current year’s budget of the central government in the first five months of the year at the same time we listened to and deliberated the final accounts of the previous year’s budget at the June meeting of the Standing Committee to listening to and deliberating the implementation of the current year’s budget at the Standing Committee’s August meeting. We focused on examining the implementation of the budget approved by the NPC and its resolution on it, transfer payments of the central government, and the availability and use of funds for key expenditures. We also strengthened our oversight over the implementation of budgets for government-managed funds and state capital operations and further established a system of incorporating all government revenue and expenditures into government budgets and final accounts.
 
跟踪监督是这些年人大推动解决重点难点问题的一个好办法。十届常委会通过加强跟踪监督,推动解决了拖欠出口退税、拖欠农民工工资、超期羁押等一批长期得不到解决的问题。本届常委会在认真总结经验的基础上,更加注重综合运用多种监督形式反复督查、一抓到底,更加注重把加强监督与修改完善法律结合起来,着力推动解决问题并建立长效机制。为推动劳动合同法有效实施,常委会在这部法律正式实施的当年就进行执法检查,针对国际金融危机背景下我国劳动就业面临的新情况新问题,强调要千方百计稳定和扩大就业,防止拖欠职工工资和大规模裁员,提高中小企业和劳动密集型产业劳动合同签订率。2011年又组织开展第二轮执法检查,并在去年对劳动合同法作出修改,重点解决劳务派遣被滥用及不规范问题,明确劳动合同用工是我国的企业基本用工形式,劳务派遣用工只是补充形式,对劳务派遣工作岗位作出更加明确的界定,严格控制劳务派遣用工数量,强调劳务派遣人员享有同工同酬的权利。
 
uring these years, follow-up oversight was a good method used by the NPC to help solve important and difficult problems. By tightening its follow-up oversight, the Standing Committee of the Tenth NPC aided in solving longstanding problems such as arrears in export tax rebate payments and in wages owed to rural migrant workers and holding people for excessively long periods without trial. On the basis of a careful review of its experience, the Standing Committee of the current NPC put greater emphasis on adopting a variety of oversight methods to carry out repeated investigations to get to the bottom of an issue and on integrating strengthening oversight with revising and improving laws, and strove to give impetus to solving problems and establish a permanent mechanism for this purpose. To spur the effective implementation of the Labor Contract Law, the Standing Committee investigated compliance with the law in the first year it officially went into effect. In response to new developments and new issues in China’s labor and employment in the global financial crisis, the Standing Committee emphasized the need to adopt whatever means necessary to keep employment stable and expand it, prevent wage arrears and large layoffs, and increase the percentage of labor contracts signed by SMEs and in labor-intensive industries. In 2011, we organized the second round of investigations on compliance with this law. Last year we revised the law mainly to address the problem of the indiscriminate and capricious use of labor dispatch and to make it clear that employment by labor contract is the basic form of employment for Chinese enterprises, and employment by labor dispatch is only a supplemental form of employment. The revised law gives a clearer definition of job positions dispatched workers may fill, strictly restricts the number of these workers, and stresses that they enjoy the right to equal pay for equal work.
 
三是丰富调查研究方式。调查研究是做好人大工作的内在需要,同时也有利于推动有关方面的工作。我们把加强调查研究作为改进工作作风的突破口,充分发挥常委会组成人员、专门委员会组成人员理论功底扎实、实践经验丰富的特点,在做好立法调研和监督调研的同时,积极探索调查研究的新方式,围绕中央重大决策的研究制定和宏观调控政策的贯彻实施,多次组织专门委员会、工作委员会主动开展专题调研,提出务实中肯的意见和建议。为有效应对国际金融危机冲击,2009年国务院提出增加中央政府公共投资计划。考虑到这一投资计划不仅数额大、涉及面广,而且实施时间紧、工作任务重,我们选择保障性住房建设、教育卫生等民生工程、技术改造和科技创新、农田水利建设等4个题目开展专题调研。针对调研中发现的有的项目前期工作不扎实、配套资金不落实、进展不平衡以及个别地方滥铺摊子等突出问题,及时与地方政府和国务院有关部门交换意见,推动研究改进工作、完善政策措施,更好地发挥政府公共投资在保增长、调结构、促民生方面的作用。
 
Third, we enriched our methods of conducting investigations and studies. Conducting investigations and studies is an inherent requirement for doing the NPC’s work well and also conducive to improving the work of the parties involved. We made strengthening investigations and studies the breakthrough point for improving our work style. Making full use of the fact that members of the Standing Committee and special committees have a solid theoretical foundation and rich practical experience, we actively explored new methods of conducting investigations and studies while at the same time doing a good job in research on legislation and oversight. We organized special committees and working committees on a number of occasions to carry out investigations and studies on special topics and make pragmatic and pertinent comments and suggestions concerning the central leadership’s formulation of major policy decisions and the implementation of macro-control policies. In 2009, the State Council worked out a plan for increasing the central government’s public investment in order to effectively respond to the global financial crisis. Because not only did this plan involve a large investment over a wide-ranging area, but the time was tight and the task of implementing it was arduous, we carried out investigations and studies on four selected areas: government-subsidized housing construction, education and health projects to improve people’s wellbeing, technological upgrading and innovation in science and technology, and water conservancy. We promptly exchanged views with local governments and relevant departments of the State Council on outstanding problems we found in our investigations and studies, such as poor preparatory work, unavailable supporting funds and uneven progress for some projects, and also indiscriminate launching of projects in some localities. We helped them study and improve their work, policies and measures, thereby making better use of the role of government public investment in ensuring economic growth, adjusting the economic structure, and improving people’s wellbeing.
 
各位代表,十一届全国人大常委会取得的成绩,归功于党中央的正确领导和全国人民的高度信任,是全国人大代表、常委会组成人员、各专门委员会组成人员以及机关工作人员辛勤工作的结果,也是国务院、最高人民法院、最高人民检察院协同配合和地方各级人大及其常委会大力支持的结果。在此,我代表十一届全国人大常委会向大家表示衷心的感谢!
 
Fellow Deputies,
 
The achievements of the Standing Committee of the Eleventh NPC are attributable to the correct leadership of the CPC Central Committee and the great trust placed in us by people throughout the country, and to the hard work of deputies to the NPC, members of the Standing Committee and special committees, and employees of NPC bodies. They are also attributable to the cooperation of the State Council, the Supreme People’s Court, and the Supreme People’s Procuratorate, and to the strong support of local people’s congresses at all levels and their standing committees. On behalf the Standing Committee of the Eleventh NPC, I hereby express my heartfelt gratitude to them all.
 
今后一年工作的总体安排
Plan for This Year’s Work
 
2012年11月召开的中国共产党第十八次全国代表大会,高举中国特色社会主义伟大旗帜,确立科学发展观的历史地位,提出夺取中国特色社会主义新胜利的基本要求,确定全面建成小康社会和全面深化改革开放的目标,对新的历史条件下推进中国特色社会主义事业作出全面部署,描绘了全面建成小康社会、加快推进社会主义现代化的宏伟蓝图,为党和国家事业进一步发展指明了方向,同时也对加强和改进人大工作提出了新的明确要求。我们要深入学习贯彻党的十八大精神,把智慧和力量凝聚到落实党的十八大提出的各项任务上来,增强责任意识和忧患意识,以更加奋发有为的精神状态做好人大工作,把人民代表大会制度坚持好完善好。
 
At its Eighteenth National Congress in November 2012, the CPC held high the great banner of socialism with Chinese characteristics, fixed the historical position of the Scientific Outlook on Development, laid down the basic requirements for achieving new victories for socialism with Chinese characteristics, set the objectives of finishing building a moderately prosperous society in all respects and comprehensively deepening reform and opening up, formulated a master plan for advancing socialism with Chinese characteristics under the new historical conditions, and drew up a grand blueprint for finishing building a moderately prosperous society in all respects and accelerating socialist modernization, thereby charting the course for developing the cause of the Party and country, and setting out new, clear requirements for strengthening and improving the work of the NPC. We will thoroughly study and implement the guiding principles of the Eighteenth National Party Congress, concentrate our wisdom and strength on fulfilling the tasks it set, enhance our sense of responsibility and awareness of dangers, do the work of the NPC with greater energy and drive, and adhere to and improve the system of people’s congresses.
 
要坚定不移走中国特色社会主义政治发展道路,以保证人民当家作主为根本,以增强党和国家活力、调动人民积极性为目标,发展更加广泛、更加充分、更加健全的人民民主,支持和保证人民通过人民代表大会行使国家权力,推进社会主义民主政治制度化、规范化、程序化,充分发挥我们党是中国特色社会主义事业坚强领导核心的政治优势,充分发挥国家一切权力属于人民的制度优势,充分发挥国家机构实行民主集中制原则的体制优势,确保国家永远沿着中国特色社会主义道路奋勇前进。
 
We will unswervingly keep to the socialist path of making political advances with Chinese characteristics. Taking the principle that the people are the masters of the country as the foundation, and enhancing the vitality of the Party and country and motivating the people’s enthusiasm as the goal, we will make people’s democracy more extensive, fuller in scope and sounder; support and ensure the people’s exercise of state power through people’s congresses; and make socialist democracy more institutionalized, standardized and procedurized. We will make full use of the political strength of the CPC in its position as the firm leadership core of socialism with Chinese characteristics, the institutional strength of the people wielding all state power, and the systemic strength of state bodies implementing the principle of democratic centralism, and ensure that China always forges ahead with the orientation of socialism with Chinese characteristics.
 
要紧紧围绕全面建成小康社会的宏伟目标,充分发挥最高国家权力机关的作用,依法行使立法、监督、决定、任免等职权,加强立法工作组织协调,加强重点领域立法,从完善社会主义市场经济体制、推动经济发展方式转变、保障和改善民生、加强和创新社会管理、建设社会主义文化强国、推进生态文明建设等方面,及时修改和制定相关法律,充分发挥法律的引领、推动和规范、保障作用;加强对“一府两院”的监督,推动中央提出的一系列新目标新举措落到实处,着力推动科学发展、促进社会和谐,着力改善人民生活、增进人民福祉,让中国人民过上更加幸福美好的生活。
 
Focusing on the grand objective of finishing building a moderately prosperous society in all respects, we will fully play our role as the highest body of state power, exercise the powers of legislation, oversight and making decisions on the appointment or removal of employees in state bodies, strengthen organization and coordination of our legislative work, and improve legislation in key areas. We will promptly formulate or revise laws relating to improving the socialist market economy, giving impetus to the change of the growth model, ensuring and improving peoples wellbeing, strengthening and making innovations in social management, developing a strong socialist culture in China and furthering ecological progress. We will make full use of the role of laws to guide, stimulate, standardize and guarantee. We will strengthen oversight of the State Council, the Supreme People’s Court and the Supreme People’s Procuratorate. We will spur the attainment of the central leadership’s new targets and the implementation of its new measures. We will focus on giving impetus to developing in a scientific way, promoting social harmony, and improving people’s lives and wellbeing, and enable the Chinese people to lead happier lives.
 
要全面推进依法治国,更加注重发挥法治在国家治理和社会管理中的重要作用,维护国家法制统一、尊严、权威,完善中国特色社会主义法律体系,推进科学立法、民主立法,拓展人民有序参与立法途径;强化对权力运行的制约和监督,督促和支持国家机关依照法定权限和程序行使权力,保证有法必依、执法必严、违法必究;深入开展法制宣传教育,提高领导干部法律意识和依法办事能力,引导人民群众依法表达合理诉求、维护合法权益、解决矛盾纠纷,加快建设社会主义法治国家,实现国家各项工作法治化。
 
We will comprehensively advance law-based governance of the country. We will enhance the important role that the rule of law plays in national governance and social management. We will safeguard the unity, sanctity and authority of our legal system and improve the socialist system of laws with Chinese characteristics. We will make legislation more scientific and democratic and expand channels for orderly public participation in legislation. We will strengthen constraints and oversight of the exercise of power, oversee and support state bodies in exercising their power in accordance with statutory mandate and procedures, and make sure that laws are obeyed and strictly enforced and lawbreakers are prosecuted. We will carry out intensive publicity and education about the law, and make officials more aware of the law and better able to act in accordance with it. We will guide the people to express their reasonable demands, protect their legitimate rights and interests, and resolve their problems and disputes in accordance with the law. We will move faster to build a socialist country under the rule of law and put all the country’s work on a legal footing.
 
2013年是全面贯彻落实党的十八大精神的开局之年,也是十二届全国人大及其常委会依法履职的第一年。按照党的十八大精神,根据中央经济工作会议的部署,常委会办公厅会同有关方面拟订了2013年常委会工作要点和立法、监督工作计划,并经十一届全国人大常委会委员长会议原则通过,对今年的工作作出预安排。一是抓紧研究制定五年立法规划,继续审议预算法、商标法、环境保护法、土地管理法修正案草案和旅游法、资产评估法、特种设备安全法草案等。二是听取审议深入实施西部大开发战略、城镇化建设、反贪污贿赂等报告,检查行政复议法、义务教育法、可再生能源法等法律实施情况,围绕加强对政府全口径预算决算的审查和监督等开展专题调研,结合审议农村扶贫开发、传染病防治等报告开展专题询问。三是完善代表联系群众制度,认真办理代表议案和建议,组织好代表闭会期间活动,组织好代表履职学习,支持和保障代表依法履职。
 
The year 2013 is the first year for fully implementing the guiding principles of the Eighteenth National Party Congress and also the first year of the term of the Twelfth NPC and its Standing Committee. In accordance with the guiding principles of the Eighteenth Party Congress and the arrangements of the Central Economic Work Conference, and with help from relevant departments, the General Office of the Standing Committee has identified the key areas of the Standing Committee’s work and drawn up a plan for its legislative and oversight work for 2013, which has been passed in principle by the Chairperson’s Council of the Standing Committee of the Eleventh NPC. Its priorities are:
 
First, we will quickly formulate a five-year legislative plan and continue to deliberate the draft revisions of the Budget Law, the Trademark Law, the Environmental Protection Law and the Land Administration Law and the drafts of the Tourism Law, the Asset Evaluation Law, and the Special Equipment Safety Law.
 
Second, we will listen to and deliberate reports on thoroughly implementing the strategy for large-scale development of the western region, advancing urbanization, and combating graft and corruption; investigate compliance with the Law on Administrative Reconsideration, the Law on Compulsory Education, and the Law on Renewable Energy; carry out investigations and studies on strengthening examination and oversight of all government budgets and final accounts; and deliberate reports on rural poverty reduction and development and on prevention and control of communicable diseases and conduct inquiries on these issues.
 
Third, we will improve the system by which our deputies maintain contact with the people, conscientiously handle deputies’ bills and proposals, arrange activities for deputies when the NPC is not in session, organize deputies to perform their duties and study, and support and ensure their lawful performance of their duties.
 
我们相信,在党中央的坚强领导下,在全国各族人民的大力支持下,新一届全国人大及其常委会一定能够不负重托、不辱使命,推动人大工作不断迈上新台阶,为坚持和完善人民代表大会制度、全面建成小康社会作出更大贡献。
 
We believe that under the firm leadership of the CPC Central Committee and with the strong support from the people of all the country’s ethnic groups, the new NPC and its Standing Committee will surely prove worthy of the great trust placed in them, accomplish their mission, raise the work of the NPC to new levels, and make a great contribution to upholding and improving the system of people’s congresses and finishing building a moderately prosperous society in all respects.
 
各位代表,中国特色社会主义事业站在了新的历史起点上,中华民族伟大复兴的光明前景催人奋进。让我们紧密团结在以习近平同志为总书记的党中央周围,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,万众一心、开拓进取、扎实工作,为全面建成小康社会、夺取中国特色社会主义新胜利而努力奋斗!
 
Fellow Deputies,
 
Socialism with Chinese characteristics now stands at a new historical starting point, and the bright prospects for the great rejuvenation of the Chinese nation are spurring us forward. Let us rally closely around the Party Central Committee with Comrade Xi Jinping as General Secretary; hold high the great banner of socialism with Chinese characteristics; take Deng Xiaoping Theory, the important thought of Three Represents and the Scientific Outlook on Development as our guide; work hard together in a pioneering spirit; and strive to finish building a moderately prosperous society in all respects and win new victories for socialism with Chinese characteristics.
 

 


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