3月8日,全國人大常委會委員長張德江向十二屆全國人大五次會議作《全國人民代表大會常務(wù)委員會工作報告》。 [新華社] Zhang Dejiang, chairman of the Standing Committee of China's National People's Congress (NPC), delivers a work report of the NPC Standing Committee during the second plenary meeting of the fifth session of the 12th NPC at the Great Hall of the People in Beijing, capital of China, March 8, 2017. [Photo/Xinhua] |
全國人民代表大會常務(wù)委員會工作報告 | Report on the Work of the Standing Committee of the National People's Congress |
各位代表: | Fellow Deputies, |
現(xiàn)在,我受全國人大常委會委托,向大會報告工作,請予審議。 | On behalf of the Standing Committee of the National People's Congress (NPC), I will now present to you the report on the work of the Standing Committee for your deliberation. |
過去一年的主要工作 | Major Initiatives of the Past Year |
過去一年,在以習(xí)近平同志為核心的黨中央堅強(qiáng)領(lǐng)導(dǎo)下,全國人大常委會全面貫徹黨的十八大和十八屆三中、四中、五中、六中全會精神,以鄧小平理論、“三個代表”重要思想、科學(xué)發(fā)展觀為指導(dǎo),深入學(xué)習(xí)貫徹習(xí)近平總書記系列重要講話精神和治國理政新理念新思想新戰(zhàn)略,堅持黨的領(lǐng)導(dǎo)、人民當(dāng)家作主、依法治國有機(jī)統(tǒng)一,緊緊圍繞統(tǒng)籌推進(jìn)“五位一體”總體布局和協(xié)調(diào)推進(jìn)“四個全面”戰(zhàn)略布局、貫徹落實新發(fā)展理念,認(rèn)真行使憲法法律賦予的職權(quán),努力發(fā)揮最高國家權(quán)力機(jī)關(guān)作用。 | Over the past year, under the firm leadership of the Central Committee of the Communist Party of China with Comrade Xi Jinping at its core, the NPC Standing Committee has comprehensively implemented the guidelines from the 18th National Party Congress and those of the third through sixth plenary sessions of the 18th Party Central Committee; followed the guidance of Deng Xiaoping Theory, the Theory of Three Represents, and the Scientific Outlook on Development; and carefully studied and put into practice the principles from General Secretary Xi Jinping's major addresses and his new vision, thinking, and strategies for the governance of China. We have upheld our commitment to integrating leadership by the Party, the position of the people as masters of the country, and law-based governance, and have exercised the functions and powers granted to us by the Constitution and other laws and worked hard in our role as the country's highest organ of state power, focusing closely on the overall plan for balanced economic, political, cultural, social, and ecological progress, on the coordinated advancement of the Four-Pronged Comprehensive Strategy,(1) and on the implementation of the new development philosophy. Note: (1) This refers to making comprehensive moves to finish building a moderately prosperous society in all respects, deepen reform, advance the law-based governance of China, and strengthen Party self-governance. |
堅持中國共產(chǎn)黨的領(lǐng)導(dǎo),是黨和國家的根本所在、命脈所在,是全國各族人民的利益所在、幸福所在。黨的十八屆六中全會正式確立習(xí)近平總書記為黨中央的核心、全黨的核心,反映了全黨全軍全國各族人民的共同心愿。全國人大常委會牢固樹立政治意識、大局意識、核心意識、看齊意識,自覺在思想上政治上行動上同以習(xí)近平同志為核心的黨中央保持高度一致,堅持黨中央集中統(tǒng)一領(lǐng)導(dǎo),堅決維護(hù)黨中央權(quán)威,保證黨的路線方針政策和黨中央決策部署在人大工作中得到貫徹和執(zhí)行。 | Upholding leadership by the Party is the foundation and lifeblood of both the Party and the country and affects the interests and wellbeing of all the people of China. At its Sixth Plenary Session, the 18th Party Central Committee formally affirmed that General Secretary Xi Jinping is at the core of the Central Committee and of the entire Party, reflecting the will of all members of the Party, all members of the armed forces, and all the people of China. We have built a keen awareness of the need to maintain political integrity, think in big-picture terms, uphold the leadership core, and keep in alignment; closely followed the Party Central Committee with Comrade Xi Jinping at its core in terms of thinking, political stand, and action; upheld the centralized, unified leadership of the Central Committee and resolutely safeguarded its authority; and worked to see that the line, principles, and policies of the Party as well as the decisions and plans of the Party Central Committee are carried out in the NPC's work. |
十二屆全國人大四次會議以來,常委會制定8部法律,修改27部法律,通過7個有關(guān)法律問題的決定決議,作出1個法律解釋,決定將1件法律草案、3件有關(guān)法律問題的決定草案提請全國人民代表大會審議,立法工作繼續(xù)呈現(xiàn)數(shù)量多、分量重、節(jié)奏快的特點,立法質(zhì)量進(jìn)一步提高;檢查6部法律的實施情況,聽取審議國務(wù)院、最高人民法院、最高人民檢察院20個工作報告,通過2個決議,開展3次專題詢問和5項專題調(diào)研,監(jiān)督工作在實踐中不斷完善,針對性和實效性進(jìn)一步增強(qiáng);審議通過專門委員會關(guān)于代表議案審議結(jié)果的報告8個、代表資格審查委員會關(guān)于個別代表的代表資格的報告7個,決定批準(zhǔn)我國與外國締結(jié)的條約、協(xié)定以及加入的國際公約7件,決定和批準(zhǔn)任免一批國家機(jī)關(guān)工作人員,人大各項工作在以往基礎(chǔ)上又取得新進(jìn)展新成效。 | Since the Fourth Session of the 12th NPC, the Standing Committee has enacted 8 laws, revised 27 laws, passed 7 decisions or resolutions on legal issues, issued 1 legal interpretation, and resolved to present the draft of 1 law and 3 draft decisions on legal issues to this session of the NPC for deliberation. Our legislative work has continued to be characterized by the great number, importance, and pace of activities, and we have further improved the quality of the NPC's legislative work. We inspected compliance with 6 laws; heard and deliberated 20 work reports from the State Council, the Supreme People's Court, and the Supreme People's Procuratorate; passed 2 resolutions; and conducted 3 special inquiries and 5 research projects. Through these activities, we have achieved continuous progress in the NPC's oversight work, making it more targeted and effective. We deliberated and approved 8 reports from the NPC's special committees regarding their examination of deputies' proposals, as well as 7 reports from the Credentials Committee pertaining to its review of certain deputies' qualifications. We ratified 3 treaties and agreements concluded between China and foreign countries as well as China's accession to 4 international conventions, and made decisions on or gave approval to the appointment or removal of a number of officials of state bodies. New advances and achievements have been made in every area of the NPC's work. |
一、著力推進(jìn)重點領(lǐng)域立法、提高立法質(zhì)量 | 1. We worked hard to advance legislation in key areas and improve the quality of legislation. |
立法是全面依法治國的前提和基礎(chǔ)。常委會堅持立法先行,緊緊抓住事關(guān)改革發(fā)展穩(wěn)定的重大立法項目,緊緊抓住提高立法質(zhì)量這個關(guān)鍵,一批重要法律相繼出臺。 | Effective legislation is a prerequisite and foundation for China's law-based governance. Continuing to make legislation our top priority, we focused on major legislative items important to China's reform, development, and stability, gave great attention to the key task of raising the quality of our legislation, and enacted a number of important laws. |
(一)構(gòu)建國家安全法律制度體系取得重要進(jìn)展。國家安全是安邦定國的基石。常委會貫徹落實總體國家安全觀,堅持從國情和實際出發(fā),保持政治定力,把握立法時機(jī),加快國家安全法治建設(shè)。繼2014年、2015年出臺反間諜法、國家安全法、反恐怖主義法之后,2016年又審議通過境外非政府組織境內(nèi)活動管理法、網(wǎng)絡(luò)安全法、國防交通法,審議了國家情報法、核安全法草案等。 | 1) Major progress was made in developing the system of national security laws. National security is the foundation of a stable country. Putting into effect the integrative national security concept and giving central consideration to China's conditions and realities, we maintained our political resolve, acted when the time was right for legislation, and worked faster to develop the system of laws related to national security. Following the enactment of the Counter-Espionage Law in 2014 and the National Security Law and the Anti-Terrorism Law in 2015, last year we deliberated and passed the Law on Administration of Activities of Overseas Nongovernmental Organizations in the Mainland of China, the Cybersecurity Law, and the Law on National Defense Transportation, and deliberated the drafts of an intelligence law and a nuclear safety law. |
境外非政府組織境內(nèi)活動管理法將境外非政府組織在中國境內(nèi)的活動和管理納入法治軌道,既有利于保護(hù)其合法權(quán)益,促進(jìn)正常交流與合作,也有利于依法加強(qiáng)監(jiān)管,維護(hù)國家安全和社會公共利益。網(wǎng)絡(luò)安全法是網(wǎng)絡(luò)安全領(lǐng)域的基礎(chǔ)性法律。這部法律正確處理網(wǎng)絡(luò)空間自由和秩序、安全和發(fā)展、自主和開放的關(guān)系,遵循積極利用、科學(xué)發(fā)展、依法管理、確保安全的方針,確立了網(wǎng)絡(luò)安全的各方面基本管理制度。國防交通法是本屆全國人大常委會審議通過的第一部國防軍事方面的法律,立法目的是促進(jìn)交通領(lǐng)域軍民深度融合發(fā)展,提高國防交通平時服務(wù)、急時應(yīng)急、戰(zhàn)時應(yīng)戰(zhàn)的能力,更好地服務(wù)國家安全和發(fā)展戰(zhàn)略全局。 | The Law on Administration of Activities of Overseas Nongovernmental Organizations in the Mainland of China brings the administration of activities of overseas NGOs in the mainland of China into line with the rule of law. It will help to protect their legitimate rights and interests and promote exchange and cooperation, while also helping to strengthen China's law-based oversight and regulation and safeguard China's national security and public interests. The Cybersecurity Law is a fundamental law in the field of cyber security. The law establishes basic regulatory systems for all areas of cyber security that ensure the effective utilization, sound development, law-based regulation, and improved security of cyberspace and establish the right balance between freedom and order, security and development, and national governance and international cooperation. The Law on National Defense Transportation is the first piece of legislation pertaining to national defense deliberated and adopted by this Standing Committee. The purpose of this law is to facilitate closer military-civilian integration in the field of transportation and improve the capabilities of national defense transportation to serve in times of peace, respond to emergencies, and meet challenges in times of war, thus better serving the country's overall strategy for national security and development. |
(二)扎實推進(jìn)民法總則制定工作。編纂民法典是黨的十八屆四中全會提出的重要立法任務(wù),是推進(jìn)全面依法治國、完善中國特色社會主義法律體系的重大舉措。新中國成立后,我國曾于1954年、1962年、1979年、2001年先后4次啟動民法制定工作,前兩次由于各種原因而未能取得實際成果;后兩次經(jīng)認(rèn)真研究,決定按照“成熟一個通過一個”的工作思路,先分別制定民事單行法律,條件成熟時再編纂民法典。適應(yīng)改革開放和發(fā)展社會主義市場經(jīng)濟(jì)的需要,我國制定了民法通則,并先后出臺繼承法、收養(yǎng)法、擔(dān)保法、合同法、物權(quán)法、侵權(quán)責(zé)任法等一系列民事單行法律。現(xiàn)在,編纂民法典的條件已經(jīng)具備。常委會研究提出民法典編纂“兩步走”的工作思路:第一步,編纂民法典總則編,也就是制定民法總則;第二步,在民法總則出臺后,進(jìn)行民法典各分編的編纂工作,爭取2020年形成統(tǒng)一的民法典。 | 2) Steady progress was made in developing the General Provisions of Civil Law. The development of a civil code was an important legislative task proposed at the Fourth Plenary Session of the 18th Party Central Committee, and is a move of enormous importance for fully advancing China's law-based governance and improving the socialist system of laws with Chinese characteristics. After the founding of the People's Republic of China in 1949, the NPC worked on developing civil law in 1954, 1962, 1979, and 2001, but for a number of reasons efforts in 1954 and 1962 failed to produce real results. The work in 1979 and 2001, through careful consideration, led to the adoption of an incremental approach, whereby individual civil laws were to be formulated first and the civil code was to be developed later when the conditions were right to do so. To meet the needs of promoting reform and opening up and developing the socialist market economy, China formulated the General Principles of Civil Law, and introduced a series of civil laws such as the Inheritance Law, the Adoption Law, the Guarantee Law, the Contract Law, the Property Law, and the Tort Law. Now the conditions are all in place for compiling a civil code. The Standing Committee has decided to adopt a two-step approach to develop the civil code: first, developing the general part of the civil code, or the General Provisions of Civil Law; and second, following the enactment of the General Provisions of Civil Law, compiling the individual books of the civil code, striving to form a complete civil code by 2020. |
民法總則規(guī)定民法的基本原則和一般規(guī)則,在民法典中起統(tǒng)率性、綱領(lǐng)性作用。常委會以高度的責(zé)任感和使命感,全力以赴做好民法總則制定工作,先后3次審議法律草案,并通過中國人大網(wǎng)3次向社會公開征求意見。經(jīng)過認(rèn)真審議和反復(fù)修改,決定提請本次會議審議。相信經(jīng)過全體代表的共同努力,一定能夠制定出一部經(jīng)得起歷史和人民檢驗、有中國特色的民法總則,為編纂民法典打下堅實基礎(chǔ)。 | The General Provisions of Civil Law lays out the basic principles and general rules of civil law, and is the leading part of the civil code. The Standing Committee has worked with a strong sense of responsibility and mission to do its utmost to formulate the General Provisions of Civil Law, carrying out three readings to deliberate the draft legislation, and making three open requests for public comments through the NPC's website (www.npc.gov.cn). After careful deliberation and repeated revisions, we have decided to submit the draft of the General Provisions of Civil Law to this session for deliberation. We believe that with the concerted efforts of all deputies, we will be able to make this a piece of legislation that stands the test of time and meets the expectations of the people, and that is characteristically Chinese, thus laying a solid foundation for the civil code. |
(三)加強(qiáng)文化、社會、環(huán)境保護(hù)等方面立法。針對我國文化領(lǐng)域立法工作相對滯后的情況,常委會大力加強(qiáng)文化法律制度建設(shè),2016年審議通過兩部重要法律。公共文化服務(wù)保障法明確政府在公共文化服務(wù)工作中的職責(zé),確立公共文化服務(wù)的基本原則和保障制度等。電影產(chǎn)業(yè)促進(jìn)法規(guī)范電影創(chuàng)作、攝制、發(fā)行、放映等活動,加大對電影產(chǎn)業(yè)的支持和保障力度。這兩部法律,對于保障人民基本文化權(quán)益,豐富人民群眾精神文化生活,弘揚(yáng)社會主義核心價值觀,必將發(fā)揮重要作用。 | 3) Legislation concerning cultural, social, environmental, and other issues was strengthened. Seeing that China's legislative work in the cultural sector was lagging behind, last year we strengthened the system of laws on culture by deliberating and passing two important laws related to this sector. The Law on Guaranteeing Public Cultural Services clarifies the duties and responsibilities of the government in the provision of public cultural services, and establishes basic principles and mechanisms for guaranteeing provision. The Film Industry Promotion Law regulates the scripting, filming, release, and showing of films and provides greater support and security for the film industry. These two laws will play a significant role in safeguarding the people's basic cultural rights and interests, enriching their intellectual and cultural life, and promoting core socialist values. |
中醫(yī)藥是中華民族的瑰寶。常委會審議通過的中醫(yī)藥法明確規(guī)定,中醫(yī)藥是包括漢族和少數(shù)民族醫(yī)藥在內(nèi)的我國各民族醫(yī)藥的統(tǒng)稱,國家大力發(fā)展中醫(yī)藥事業(yè),實行中西醫(yī)并重的方針,建立符合中醫(yī)藥特點的管理制度,充分發(fā)揮中醫(yī)藥在我國醫(yī)藥衛(wèi)生事業(yè)中的作用。 | Traditional Chinese medicine is a national treasure. The Law on Traditional Chinese Medicine passed after deliberation by the Standing Committee clearly stipulates: traditional Chinese medicine is the general designation for the traditional medicine of the Han and of ethnic minorities of China. The state shall work hard to develop traditional Chinese medicine, follow the principle of attaching equal importance to traditional Chinese medicine and Western medicine, and put in place a regulatory system suitable to the unique features of traditional Chinese medicine, thereby giving full play to its role in China's health care services. |
按照黨中央關(guān)于“推動環(huán)境保護(hù)費(fèi)改稅”、“落實稅收法定原則”的改革精神,常委會審議通過環(huán)境保護(hù)稅法。這是本屆全國人大常委會審議通過的第一部稅收法律,對于充分發(fā)揮稅收在控制和減少污染物排放、保護(hù)和改善生態(tài)環(huán)境方面的積極作用,具有重要意義。 | In keeping with the decisions on reform made by the Party Central Committee related to replacing environmental protection fees with a tax and ensuring law-based taxation, we deliberated and passed the Environmental Protection Tax Law. This is the first tax law deliberated and approved by this Standing Committee; it is of great importance in giving full play to the role of taxation in helping to control and reduce emissions and protect and improve ecosystems and the environment. |
常委會還制定了資產(chǎn)評估法,修改了民辦教育促進(jìn)法、野生動物保護(hù)法、海洋環(huán)境保護(hù)法、紅十字會法、企業(yè)所得稅法等。 | We also enacted the Asset Appraisal Law and revised laws including the Law on the Promotion of Privately-Run Schools, the Wildlife Protection Law, the Marine Environment Protection Law, the Law on the Red Cross Society, and the Law on Corporate Income Tax. |
(四)完善立法工作機(jī)制和方式方法。一是出臺《關(guān)于建立健全全國人大專門委員會、常委會工作機(jī)構(gòu)組織起草重要法律草案制度的實施意見》。常委會過去一年審議的法律案中,有10件是由有關(guān)專門委員會和常委會工作機(jī)構(gòu)牽頭起草的。二是健全法律草案征求代表意見制度,邀請代表參與立法調(diào)研、論證、審議、評估等工作,認(rèn)真聽取和采納代表的意見建議,更好發(fā)揮代表在立法工作中的作用。三是制定《立法項目征集和論證工作規(guī)范》,推進(jìn)立法工作規(guī)范化、制度化建設(shè)。四是完善基層立法聯(lián)系點制度,先后就7部法律草案8次組織聽取基層干部群眾意見,立法工作更加接地氣、察民情。我們還召開全國地方立法研討會,加強(qiáng)對地方立法特別是設(shè)區(qū)的市立法工作的指導(dǎo)。全國新賦予地方立法權(quán)的273個市、自治州中,已有269個經(jīng)批準(zhǔn)開始制定地方性法規(guī)。 | 4) Legislative mechanisms and methods were refined. First, we published the guidelines on establishing sound systems under which special committees of the NPC and working bodies of the NPC Standing Committee organize the drafting of important laws. Of all the legislative items deliberated by the Standing Committee this past year, the drafting for 10 items was led by relevant special committees of the NPC and working bodies of the Standing Committee. Second, we improved the mechanisms for soliciting the opinions of deputies on the drafts of laws and invited them to participate in the research, debate, deliberation, and assessment process so as to ensure their comments and suggestions can be effectively heard and adopted. These efforts have enabled deputies to play a bigger role in the NPC's legislative work. Third, we formulated the Procedures for Collecting and Discussing Legislative Items, making progress in efforts to better standardize and institutionalize legislative work. Fourth, we improved the system for staying connected with local communities on legislative matters, and on eight occasions organized activities to solicit comments on seven draft laws from the general public and officials at the community level. This ensured that legislative work was carried out in close connection with the people and was better able to reflect public sentiment. We held a national symposium on local legislation to guide local legislative work, especially the legislative work of cities with subsidiary districts. Of the 273 cities and autonomous prefectures newly granted local legislative powers by the revised Legislation Law, 269 have, with approval from provincial-level people's congresses, already begun to formulate local regulations. |
二、依法對若干重大問題作出決定 | 2. We worked in accordance with the law to issue decisions on a number of major issues. |
人大工作是黨和國家工作的重要組成部分。常委會堅持從政治上把握、在大局下行動,大事要事敢于擔(dān)當(dāng)、善于作為,確保黨的主張通過法定程序成為國家意志。 | The work of the NPC is an important part of the work of the Party and the country. We have upheld our commitment to the right political direction and to working with the big picture in mind. When faced with major issues and important matters, we demonstrated the courage to take on responsibility and the ability to fulfill duties, ensuring that the Party's propositions are turned into the will of the state through statutory procedures. |
(一)及時妥善處理遼寧拉票賄選案的有關(guān)問題,堅決維護(hù)人民代表大會制度的權(quán)威和尊嚴(yán)。遼寧拉票賄選案是新中國成立以來查處的第一起發(fā)生在省級層面、嚴(yán)重違反黨紀(jì)國法、嚴(yán)重破壞黨內(nèi)選舉制度和人大選舉制度的重大案件。按照有關(guān)法律規(guī)定,涉案的遼寧省人大代表的代表資格終止后,其中的省人大常委會組成人員的職務(wù)依法相應(yīng)終止。遼寧省人大常委會因組成人員已不足半數(shù),無法召開常委會會議履行職責(zé)。為及時妥善處理這一從未遇到過的特殊問題,全國人大常委會根據(jù)憲法精神和有關(guān)法律原則作出創(chuàng)制性安排。2016年9月13日,臨時召開常委會第二十三次會議,審議通過了全國人大常委會代表資格審查委員會的報告,依法確定遼寧省45名拉票賄選的全國人大代表當(dāng)選無效;審議通過了關(guān)于成立遼寧省第十二屆人民代表大會第七次會議籌備組的決定,決定由籌備組代行遼寧省人大常委會部分職權(quán),負(fù)責(zé)籌備遼寧省十二屆人大七次會議的相關(guān)事宜。依紀(jì)依法查處遼寧拉票賄選案,充分體現(xiàn)了黨中央全面依法治國、全面從嚴(yán)治黨的鮮明態(tài)度和堅定決心,決不允許以任何形式破壞社會主義民主法治。 | 1) We promptly and appropriately dealt with problems related to the case of election bribery in Liaoning Province, working resolutely to uphold the authority and sanctity of the system of people's congresses. The voting bribery case in Liaoning Province was the first major case of its kind to have occurred at the provincial level since the founding of the People's Republic of China. The perpetrators seriously violated Party discipline, state laws, and the requirements of the intra-Party electoral system and the electoral system of the people's congresses. After the deputies to the Liaoning Provincial People's Congress involved in the case had their qualifications revoked in accordance with relevant laws, those who were members of the Standing Committee of the Liaoning Provincial People's Congress were removed from their positions in accordance with the law. The Standing Committee of the Liaoning Provincial People's Congress, having had over half of its members removed, was unable to convene meetings and carry out its duties. In order to promptly and appropriately resolve this unprecedented and exceptional issue, the NPC Standing Committee acted on the basis of the Constitution and relevant legal principles to make creative institutional arrangements. At the provisionally convened 23rd meeting of the NPC Standing Committee on September 13, 2016, we deliberated and approved the report of the Credentials Committee to revoke, in accordance with the law, the qualifications of 45 NPC deputies elected by the Liaoning Provincial People's Congress for bribing voters. At the meeting, we also deliberated and approved a decision stipulating that the 12th Liaoning Provincial People's Congress shall set up a preparatory committee to exercise certain functions and powers on behalf of its Standing Committee and shall take charge of the preparatory work for the convocation of its Seventh Session. Our handling of the Liaoning case in accordance with the law and Party discipline fully reflects the Party Central Committee's clear stand and strong resolve for advancing China's law-based governance and ensuring strict Party self-governance. No violation of our socialist democracy or rule of law in any form shall be tolerated. |
(二)依法對香港基本法第一百零四條作出解釋,堅決反對“港獨(dú)”行徑。香港特別行政區(qū)是中華人民共和國不可分離的部分?!案郦?dú)”的本質(zhì)是分裂國家,嚴(yán)重違反“一國兩制”方針,嚴(yán)重違反憲法和香港基本法。全國人大常委會行使憲法和香港基本法賦予的權(quán)力,作出關(guān)于香港基本法第一百零四條的解釋,明確該條規(guī)定的“擁護(hù)中華人民共和國香港特別行政區(qū)基本法,效忠中華人民共和國香港特別行政區(qū)”,既是該條規(guī)定的宣誓必須包含的法定內(nèi)容,也是參選或者出任該條所列公職的法定要求和條件;明確宣誓就職必須遵循的法定程序和內(nèi)容;明確違反宣誓規(guī)定喪失就職資格的法律后果以及作出虛假宣誓或者違反誓言的法律責(zé)任。全國人大常委會主動釋法,充分表明了中央貫徹“一國兩制”方針的堅定決心和反對“港獨(dú)”的堅定立場,充分體現(xiàn)了包括香港同胞在內(nèi)的13億中國人民維護(hù)國家主權(quán)、安全和發(fā)展利益的堅定意志。 | 2) We produced the interpretation of Article 104 of the Basic Law of the Hong Kong Special Administrative Region in accordance with the law to firmly oppose any attempt at secession of Hong Kong from our country. The Hong Kong Special Administrative Region is an inseparable part of the People's Republic of China. To attempt "Hong Kong independence" is to attempt secession, a serious violation of the "one country, two systems" principle, the Constitution of China, and the Basic Law of Hong Kong. The NPC Standing Committee, exercising power entrusted to it by the Constitution and the Basic Law, produced the interpretation of Article 104 of the Basic Law of Hong Kong. The interpretation clearly establishes that, as stipulated by Article 104, to "swear to uphold the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and swear allegiance to the Hong Kong Special Administrative Region of the People's Republic of China" is not only the exact phrasing that must be included in the oath prescribed by Article 104, but is also a legal requirement and condition for any person standing for election or taking up any position of public office specified in the Article. The interpretation clarifies the legal procedures that must be adhered to when taking the oath of office and the statutory content that must be included in the oath; it makes clear that anyone who violates this stipulation on oath taking is to be legally disqualified from assuming office and that any person who makes an oath insincerely or breaks their oath will be held legally responsible. This interpretation fully demonstrates the Chinese central leadership's resolve in upholding the "one country, two systems" principle and its firm stand against any attempt at secession of Hong Kong from the Chinese nation; it embodies the firm will of 1.3 billion Chinese people, including those in the Hong Kong region, to safeguard their country's sovereignty, security, and developmental interests. |
(三)作出關(guān)于開展國家監(jiān)察體制改革試點工作的決定,為重大政治體制改革提供法治保障。深化國家監(jiān)察體制改革是以習(xí)近平同志為核心的黨中央作出的一項重大決策,是事關(guān)全局的重大政治體制改革,對于推進(jìn)黨風(fēng)廉政建設(shè)和反腐敗斗爭,推進(jìn)國家治理體系和治理能力現(xiàn)代化,具有重大而深遠(yuǎn)的意義。為在全國推開這項重大改革探索積累經(jīng)驗,黨中央部署在部分地方開展試點。根據(jù)“凡屬重大改革都要于法有據(jù)”的精神,委員長會議依法提出相關(guān)議案,常委會經(jīng)過認(rèn)真審議,作出關(guān)于在北京市、山西省、浙江省開展國家監(jiān)察體制改革試點工作的決定。決定明確在試點地區(qū)設(shè)立監(jiān)察委員會,行使監(jiān)察職權(quán);監(jiān)察委員會由本級人大產(chǎn)生,對本級人大及其常委會和上一級監(jiān)察委員會負(fù)責(zé),并接受監(jiān)督;監(jiān)察委員會按照管理權(quán)限,對本地區(qū)所有行使公權(quán)力的公職人員依法實施監(jiān)察;在試點地區(qū)暫時調(diào)整或者暫時停止適用行政監(jiān)察法和刑事訴訟法、地方組織法等法律的有關(guān)規(guī)定,保證改革試點工作依法有序推進(jìn)。 | 3) We issued the decision on carrying out trials for reform of the national supervision system to provide a legal guarantee for this major political structural reform. As a major policy decision made by the Party Central Committee with Comrade Xi Jinping at its core to improve the political structure, deepening reform of the national supervision system has a direct bearing on the big picture and is of immense and far-reaching significance for improving Party conduct, upholding integrity, and combating corruption and for modernizing China's governance system and capacity for governance. In order to build up experience before advancing this major reform throughout the country, the Party Central Committee has decided to launch trials in several localities. In line with the principle that "all major reforms must have a legal basis," the Chairperson's Council of the NPC Standing Committee produced a proposal in accordance with the law, which was carefully deliberated by the Standing Committee and resulted in the decision to carry out trials for reforming the national supervision system in Beijing and in Shanxi and Zhejiang provinces. The decision stipulates that supervisory committees shall be established in pilot areas to exercise supervisory functions and powers; that a supervisory committee shall be created by the people's congress at the same level, and be responsible to and overseen by the same-level people's congress and its standing committee as well as the supervisory committee at the next level up; and that supervisory committees shall supervise the exercise of public power by all government employees in their regions in accordance with the law and within the scope of their supervisory authority. It also stipulates that the applicability of certain stipulations in the Law on Administrative Supervision, the Criminal Procedure Law, the Organic Law of the Local People's Congresses and Local People's Governments, and other relevant laws shall be provisionally adjusted or suspended in order to ensure law-based, orderly advancement of the pilot reform. |