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2019全国人民代表大会常务委员会工作报告(2)(中英对照)

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III. We strengthened and improved legislative work in the new era to provide legal guarantees for reform, opening-up, and stability.

三、加强和改进新时代立法工作,为改革发展稳定提供法治保障
Upholding integration between reform and the rule of law, the Standing Committee drew up its legislative program, held meetings on its legislative work and forums on local legislation, and made timely arrangements for legislative work. We formulated 8 laws, revised 47 laws, and adopted 9 decisions on legal issues and other major issues. These legislative items fell into three main categories according to their functions: first, promoting and ensuring the implementation of major decisions and arrangements through legislation with a focus on the overall work of the Party and the state; second, guaranteeing that major reforms have a legal basis through enacting and revising laws with a focus on comprehensively deepening reform; and third, bringing legislative tasks in key areas to a successful conclusion with a focus on accelerating efforts to establish a socialist rule of law system and build China into a socialist country governed by the rule of law.
常委会坚持改革与法治相统一,认真编制立法规划,召开常委会立法工作会议和地方立法工作座谈会,及时部署立法工作。制定法律8件,修改法律47件次,通过有关法律问题和重大问题的决定9件。这些立法项目主要是三类:一是围绕党和国家工作大局,通过立法推动和保障重大决策部署的落实;二是围绕全面深化改革,通过立法、修法确保重大改革于法有据;三是围绕加快建设社会主义法治体系和社会主义法治国家,完成好重点领域立法任务。
The year 2018 marks the 40th anniversary of reform and opening-up. Our experience over these four decades has shown us that the rule of law is integral if we are to effectively perform our work in promoting reform, development, and stability, and that even greater emphasis must be placed on the rule of law as reform and opening-up pushes deeper. With a view to advancing reform, opening-up, and socialist modernization from this new historical starting point, the Standing Committee accelerated legislation in the economic sector for the purpose of refining the legal system for the socialist market economy. We revised numerous laws so as to promptly resolve the problem of legal provisions not matching up with the practical needs of development. A law-based environment is the best environment for doing business. The draft foreign investment law which we will deliberate at this session is a full reflection of new ideas, approaches, and measures in reform and opening-up, and will play an important role in lifting China toward a new stage of high-level opening-up in the new era.
2018年是改革开放40周年。改革开放40年的经验告诉我们,做好改革发展稳定各项工作离不开法治,改革开放越深入越要强调法治。常委会围绕在新的历史起点上推进改革开放和社会主义现代化建设,着眼于完善社会主义市场经济法律制度,加快了经济领域立法,对多部法律作出修改,及时解决法律规定与实践发展不相适应的问题。法治是最好的营商环境。本次会议审议的外商投资法草案,全面反映我国改革开放的新理念新思路新举措,对于新时代推动形成我国新一轮高水平对外开放新格局具有重要促进和保障作用。
The Standing Committee has already reviewed the draft twice, and we are confident that through the joint effort of all deputies, we will be able to bring this major legislative task to a successful conclusion. China's E-commerce market is the largest in the world, employing tens of millions of people and involving hundreds of millions of consumers. Enactment of the E-commerce Law represents an extremely important move for promoting the sound development of E-commerce, as well as protecting the legitimate rights and interests of consumers and ensuring fairness in this market. The consensus throughout all sectors of society is that this law will promote the healthy development of E-commerce by providing support, standards, innovative ideas, and guarantees, that it will protect the legitimate rights and interests of consumers, operators of E-commerce platforms, and people who run online businesses, and that it will ensure fair competition and orderin the market.
常委会已两次审议草案,相信经过全体代表的共同努力,一定能够圆满完成这项重大立法任务。我国电子商务交易市场规模全球第一,就业人员数千万,涉及亿万消费者。电子商务法的制定,对于促进电子商务健康发展、维护消费者合法权益和市场公平意义重大。社会各界普遍认为,这是一部支持、规范、创新和保障电子商务健康发展的促进法,是一部广大消费者、平台经营者、线上经营者合法权益的维护法,是一部市场秩序和公平竞争的保障法。
Meanwhile, revision of the Law on the Contracting of Rural Land has offered reassurance to contractors and operators of rural land and played a significant role in promoting agricultural and rural development by deepening reform of the rural land system and stabilizing and improving rural land contract relations through legal means. In addition, the Standing Committee formulated the Tax Law on Farmland Used for Nonagricultural Purposes and the Vehicle Purchase Tax Law, and revised the Company Law, the Civil Aviation Law, the Electric Power Law, the Port Law, and the Law on Corporate Income Tax, thereby facilitating reform and development in these areas.
农村土地承包法的修改,深化了农村土地制度改革,从法律上稳定和完善了农村土地承包关系,给广大土地承包者和经营者吃下了“定心丸”,对促进农业农村发展具有重要意义。常委会还制定了耕地占用税法、车辆购置税法,修改了公司法、民用航空法、电力法、港口法、企业所得税法等,促进了这些领域的改革发展。
Implementing the principles from the 19th National Congress of the Party and the Third Plenary Session of the 19th Party Central Committee, the Standing Committee revised laws and produced decisions to improve the laws for state institutions and organizations in accordance with the plan for deepening institutional reform approved at the First Session of the 13th NPC. We made a decision on adjusting the duties of administrative bodies in institutional reform of the State Council, an issue which touched upon legal provisions, and coordinated the revision of 316 articles of 32 laws involved in institutional reform, such as the Frontier Health and Quarantine Law. We also made a decision on the exercise of powers by the China Coast Guard to protect maritime rights and enforce maritime law, and formulated the Regulations on Firefighter Ranks. By doing so, we responded promptly to demands put forward through institutional reform for adjustment of the law, thus providing legal guarantees for the smooth implementationof institutional reform, and ensuring the orderly linkage of reforms and steady continuation of relevant work.
贯彻党的十九大和十九届三中全会精神,根据十三届全国人大一次会议批准的机构改革方案,常委会通过修改法律、作出决定,健全国家机构组织法律制度。就国务院机构改革涉及法律规定的行政机关职责调整问题作出决定,统筹修改机构改革涉及的国境卫生检疫法等32部法律的316个条款,作出中国海警局行使海上维权执法职权的决定,制定消防救援衔条例,及时跟进机构改革对法律调整提出的要求,为机构改革顺利实施提供了法律保障,保证了改革有序承接,工作连续稳定。
We revised the Civil Service Law, incorporated our practice in reforms concerning a salary system for public servants based on both position and rank into the law, and accelerated reform of the civil servant classification system. We revised the Organic Law of the People's Courts, the Organic Law of the People's Procuratorates, and the Criminal Procedure Law, formulated the People's Juror Law and the Law on International Judicial Assistance in Criminal Matters, and put forward decisions on the establishment of the Shanghai Financial Court and on several issues regarding litigation procedures for cases involving patents and other intellectual property rights. These steps consolidated and furthered our achievements in reform of the judicial system. We also revised the Organic Law of Villagers' Committees and the Organic Law of Urban Residents' Committees, thus improving primary-level governance systems.
修订公务员法,把职务与职级并行的改革实践写进法律,加快推进公务员分类体制改革。修改人民法院组织法、人民检察院组织法、刑事诉讼法,制定人民陪审员法、国际刑事司法协助法,作出关于设立上海金融法院、专利等知识产权案件诉讼程序若干问题的决定,巩固和深化司法体制改革成果。修改村民委员会组织法、城市居民委员会组织法,完善了基层治理体系。
Putting a people-centered approach into practice, the Standing Committee expedited legislation in the fields of social development and ensuring and improving living standards so as to safeguard the people's rights and interests and enhance public wellbeing through the rule of law, and advance the settlement of issues of greatest concern to the people through legal means. Compiling the civil code is a major legislative task that was put forward at the Fourth Plenary Session of the 18th CPC Central Committee. Building on our previous work, the Standing Committee sped up its efforts and drafted the individual books of the civil code, which consists of 1,034 articles in 6 books. We conducted an overall review as well as individual reviews of the draft books on contracts and torts, making solid progress toward the goal of completing the compilation of the civil code by 2020.
常委会贯彻以人民为中心的思想,加快了社会建设、保障改善民生领域的立法,用法治保障人民权益、增进民生福祉,运用法治方式推动解决老百姓最关心、最期盼的问题。编纂民法典是党的十八届四中全会提出的重大立法任务,常委会在过去工作的基础上,加快进度,形成6编共1034条的民法典各分编草案,并进行了整体审议,分单元审议了合同编、侵权责任编草案,朝着2020年完成民法典编纂任务目标迈出了坚实步伐。
We revised the Personal Income Tax Law, advanced reform of the taxation system, and improved the tax structure, with about 80 million peoplealready exempted from paying taxes on their salary in accordance with the law. We revised the Social Insurance Law, and implemented the integration of maternity insurance and basic medical insurance for urban workers nationwide. Legislation in the medical and health care sector has a direct bearing on the fundamental interests of the general public. The Standing Committee has already conducted two reviews of the draft law on promoting basic medical and health care. Responding to the problems exposed in the Changsheng vaccine case, the Standing Committee put great emphasis on protecting the people's immediate interests through legal means, and expedited dedicated legislation on vaccine management, with preliminary review of the draft law on vaccine management already completed. Through the establishment of a legal system for vaccine oversight and control covering all stages of the process from R&D and production to distribution and inoculation, we devoted concrete efforts to protecting the lives and health ofthe public.
修改个人所得税法,推进税制改革,优化税负结构,目前已有约8000万人的工薪所得依法免缴个人所得税。修改社会保险法,将生育保险和职工基本医疗保险合并实施在全国推开。医疗卫生领域立法,关系人民群众根本利益。常委会已两次审议基本医疗卫生与健康促进法草案。针对长春长生公司疫苗案所暴露的问题,常委会高度重视用法律保护群众切身利益,加快疫苗管理专门立法,对疫苗管理法草案进行了初审,通过建立覆盖研制、生产、流通、预防接种全过程全链条的疫苗监管法律制度,切实保障人民群众生命健康安全。
Stepping up our efforts to build an ecological civilization, we formulated the Law on the Prevention and Control of Soil Pollution, and revised laws including the Environmental Impact Assessment Law and the Law on the Prevention and Control of Environmental Noise Pollution, in an effort to improve the system of laws for strict environmental protection. The Law on the Prevention and Control of Soil Pollution provides strong legal guarantees for the campaign to clean up and preserve our soil. Together with the Law on the Prevention and Control of Air Pollution and the Law on the Prevention and Control of Water Pollution, it is part of a three-in-one legal network for protecting the environment through multidimensional controls.
加快生态文明建设立法步伐,制定土壤污染防治法,修改环境影响评价法、环境噪声污染防治法等,完善严格保护生态环境的法律制度。土壤污染防治法为推进净土保卫战提供有力法治保障,与大气污染防治法、水污染防治法一起,构建起“三位一体”、立体管控的生态环保法治网。
The Standing Committee gave priority to safeguarding national security in legislative work. We formulated the Law on the Protection of Heroes and Martyrs, and revised the Anti-Terrorism Law and the National Intelligence Law, promoting the incorporation of core socialist values into legislation. By formulating and enacting the Law on the Protection of Heroes and Martyrs, we have encouraged people to carry forward the great deeds of heroes and martyrs and the spirit of patriotism, strongly opposed historical nihilism, and provided legal guarantees for fighting against acts that would smear and slander heroes and martyrs or distort and desecrate their legacy, and for safeguarding national security and ideological security in particular. This has been met with a positive response from all sectors of society. The formulation of the Law on the Protection of Heroes and Martyrs shows that justice and reason must prevail.
常委会把维护国家安全放在立法工作的重要位置,制定英雄烈士保护法,修改反恐怖主义法、国家情报法,推动社会主义核心价值观融入立法。英雄烈士保护法的制定和实施,促进了英雄烈士事迹和爱国主义精神的传承弘扬,有力抵制了历史虚无主义,为打击各类歪曲、丑化、亵渎、诋毁英雄烈士的行为,维护国家安全特别是意识形态安全提供了法律保障,在社会各界产生积极反响。一部英烈保护法,公理正义得伸张!
IV. We fulfilled our oversight duties in accordance with the law to better promote economic and social development and aid the advancement of reform tasks.
四、依法履行人大监督职责,更好助力经济社会发展和改革攻坚任务
We exercised oversight in strict accordance with legally prescribed duties, statutory limits of authority, and procedures defined in law. While effectively exercising regular statutory oversight, we focused on deepening supply-side structural reform, aiding the three critical battles against potential risk, poverty, and pollution, resolving hotspot judicial issues pertaining to public wellbeing, and overseeing government budgets and state-owned assets. Over the past year, we heard and deliberated 24 work reports from the State Council, the Supreme People's Court, and the Supreme People's Procuratorate, inspected the enforcement of 6 laws, and conducted 3 special inquiries and 5 research projects on specific topics. Through these activities, we strived to guarantee effective enforcement of the Constitution and the law while helping the State Council, the National Commission of Supervision, the Supreme People's Court, and the Supreme People's Procuratorate improve their work in tangible ways.
坚持依照法定职责、限于法定范围、遵守法定程序开展监督工作,在做好经常性法定监督的同时,突出了深化供给侧结构性改革、助力三大攻坚战、司法民生领域热点问题、预算和国有资产监督等重点。一年来,听取审议国务院、最高人民法院、最高人民检察院工作报告24个,检查6部法律实施情况,进行3次专题询问,开展5项专题调研,努力做到既确保宪法法律有效实施,又确实帮助“一府一委两院”改进工作。
The Standing Committee heard and deliberated work reports on national plans, budgets, final accounts, audits, and environmental protection measures, as well as on special topics such as science and technology, agriculture, education, medical and health care, the marine economy, and the rights and interests of overseas Chinese. The Party Central Committee issued the Opinions on Establishing the System for State Council Reporting to the NPC Standing Committee on the Management of State-owned Assets and the Guidelines on People's Congresses Expanding the Focus of Their Budget Review and Oversight to Cover Expenditure Budgets and Policy, entrusting new oversight duties to people's congresses.
常委会听取审议了计划、预算、决算、审计、环保等工作报告,听取审议了科技、农业、教育、医疗卫生、海洋经济、华侨权益等专项工作报告。党中央出台《关于建立国务院向全国人大常委会报告国有资产管理情况制度的意见》和《关于人大预算审查监督重点向支出预算和政策拓展的指导意见》,赋予了人大监督新职责。
The Standing Committee implemented the guiding principles of these documents, carried out research projects on specific topics, and for the first time deliberated the State Council's annual general report on the management of state-owned assets and its special report on the state-owned assets of financial enterprises, thereby adding another level of guarantee to ensure that state-owned assets are used and managed properly. At present, the standing committees of all 31 provincial-level people's congresses have established systems for reporting on the management of state-owned assets. We designated 153 NPC deputies with relevant expertise to participate in budget review, exerted the role of the online budget oversight system in monitoring the entire budgeting process, and worked to expand the focus of budget review and oversight to cover expenditure budgets and policy.
常委会贯彻文件精神,开展专题调研,首次审议国务院关于国有资产管理情况的年度综合报告和金融企业国有资产的专项报告,为管好用好国有资产加上一道“安全门”。现在,全国31个省级人大常委会均已建立国有资产管理情况报告制度。确定有专业背景的153名全国人大代表参加预算审查,发挥预算联网监督系统在预算全过程监管中的作用,推动预算审查监督重点向支出预算和政策拓展。
The Standing Committee inspected enforcement of six laws, including the Law on the Prevention and Control of Air Pollution, the Marine Environment Protection Law, the Law on the Prevention and Control of Infectious Diseases, the Law on Protecting against and Mitigating Earthquake Disasters, the Law on the Quality and Safety of Agricultural Products, and the Statistics Law. In the process, we identified not only work-related problems, but also defects and shortcomings within laws and regulations, thereby ensuring proper enforcement of the law. The Standing Committee held an additional meeting to hear and deliberate the enforcement inspection report for the Law on the Prevention and Control of Air Pollution, put forward a resolution on strengthening environmental protection across the board and advancing the fight to prevent and control pollution in accordance with the law, and released the names of 22 enterprises in which 38 problems were discovered through enforcement inspections, thus helping to drive the critical battle against air pollution deeper.
常委会对大气污染防治法、海洋环境保护法、传染病防治法、防震减灾法、农产品质量安全法、统计法等6部法律的实施情况进行检查,既发现工作中的问题,又查找法律、法规自身缺陷和不足,保证法律的正确实施。常委会专门加开一次会议,听取审议大气污染防治法执法检查报告,作出关于全面加强生态环境保护、依法推动打好污染防治攻坚战的决议,对执法检查中发现的涉及22家企业的38个问题点名曝光,助力大气污染防治攻坚战深入推进。
The standing committees of all 31 provincial-level people's congresses have completed the formulation and revision of regulations on air pollution prevention and control, all localities and departments have carried out comprehensive review of their normative documents concerning environmental protection, and standing committees of local-level people's congresses have revised 514 and abolished 83 relevant local regulations. In our inspections of enforcement of the Marine Environment Protection Law, we focused on prominent issues in 11 coastal provinces, such as the placement and management of points where pollutants are discharged into the sea, as well as the prevention and control of pollution from land-based sources. We controlled pollution through legal measures, and defended the blue of our seas and skies through the force of the law, thus winning the approval and support of the public.
全国31个省级人大常委会都完成了大气污染防治法规的制定和修改工作,各地各部门全面清理生态环保方面的规范性文件,地方人大常委会修改514件、废止83件地方性法规。在海洋环境保护法执法检查中,重点监督11个沿海省份的入海排污口设置和管理、陆源污染防治等突出问题。用法律的武器治理环境污染,用法治的力量保卫碧海蓝天,受到了社会的肯定和支持。
The Standing Committee also carried out research projects on specific topics, such as the seventh five-year plan for increasing public knowledge of the law, ethnic minority education, poverty alleviation, rural vitalization, and local government debt in order to promote the resolution of major challenges in economic and social development.
常委会还开展了关于“七五”普法、民族教育、脱贫攻坚、乡村振兴、地方政府债务等方面的专题调研,推动解决经济社会发展的重点难点问题。
The Standing Committee organized and conducted three special inquiries for deliberation on reports regarding enforcement inspection of the Law on the Prevention and Control of Air Pollution, the work of people's courts to ensure enforcement of rulings, the work of people's procuratorates to strengthen legal oversight on civil litigation and the execution of judgments, and the allocation and use of government funds for medical and health care. Relevant leading officials from the State Council, the Supreme People's Court, and the Supreme People's Procuratorate responded in person to inquiries from members of the Standing Committee and NPC deputies regarding issues in related fields that are the subject of widespread public concern. This was the first time that the Standing Committee conducted a special inquiry on the work of the Supreme People's Court and the Supreme People's Procuratorate.
常委会结合审议大气污染防治法执法检查报告,人民法院解决“执行难”工作情况的报告、人民检察院加强对民事诉讼和执行活动法律监督工作情况的报告,财政医疗卫生资金分配和使用情况的报告,组织开展了3次专题询问。国务院、最高人民法院、最高人民检察院有关负责同志就相关领域人民群众普遍关心的问题现场回答常委会组成人员、全国人大代表的询问。对“两高”工作的专题询问,这在开展专题询问以来是第一次。

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