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发布时间:2016-03-22 11:01:44  | 来源:中国网  | 作者:  | 责任编辑:李潇

二、加强宪法实施和监督工作2. We strengthened efforts to ensure and oversee the enforcement of the Constitution.
全面贯彻实施宪法,是建设社会主义法治国家的首要任务和基础性工作。常委会始终恪守宪法原则,履行宪法监督职责,大力弘扬宪法精神,坚决维护宪法权威,保证宪法全面有效实施。Ensuring the full enforcement of the Constitution represents the most important and fundamental task in building China into a socialist rule of law country. With a continued commitment to upholding the principles of the Constitution, the Standing Committee has worked to fulfill its duty to oversee the enforcement of the Constitution, energetically promote the spirit of the Constitution, resolutely safeguard its authority, and ensure its full and effective enforcement.

1) We introduced a system of pledging allegiance to the Constitution.

The Standing Committee examined and adopted the Decision of the Standing Committee of the National People's Congress on Implementing the System of Pledging Allegiance to the Constitution, thereby establishing the system into national law. The decision stipulates, "All those who are elected or appointed to public office by people's congresses at all levels or by the standing committees of people's congresses at and above the county level as well as by people's governments, people's courts, and people's procuratorates at all levels shall make a public pledge of allegiance to the Constitution when they officially assume office." This is a major measure for promoting governance of the country based on the Constitution and other laws. The words of the pledge embody the sense of loyalty, responsibility, and commitment that public servants are expected to have toward their country and people. The practice of pledging allegiance to the Constitution will play an important role in urging public servants to remain loyal to, comply with, and safeguard the Constitution, which in turn will help us in our efforts to ensure and oversee the enforcement of the Constitution.


2) We exercised constitutional stipulations on amnesty.

In commemorating the 70th anniversary of the victory in the Chinese War of Resistance against Japanese Aggression and in the Global War against Fascism, and acting in line with the decisions and plans of the CPC Central Committee, the NPC Standing Committee, in compliance with the relevant provisions of the Constitution, adopted a decision on granting amnesty to certain prisoners. The President of China issued an order, granting amnesty to prisoners falling into four categories, with one category being those who fought in the War of Resistance and those who fought in the War of Liberation. This marks the eighth time since the founding of the People's Republic of China, and the first time since the introduction of the reform and opening up policy, that amnesty has been granted in China. The granting of amnesty represents a new step that has been taken to implement the system of amnesty as stipulated in the Constitution, advance the law-based governance of China in all areas, and apply the spirit of humanitarianism, and therefore has major political and legal implications.


3) We enacted the Law on National Medals and Titles of Honor.

The system of national awards and honors is an important system stipulated in the Constitution. In order to commend and award those who have made outstanding contributions to our country, foster and promote the core socialist values, and enhance the cohesiveness and appeal of socialism with Chinese characteristics, the Standing Committee, in accordance with Paragraph 16 under Article 67 of the Constitution and on the basis of a review of the past experience in granting medals and awards, drafted and then deliberated and passed the Law on National Medals and Titles of Honor. This law has defined the most important and fundamental provisions concerning national medals and honorary titles, such as the establishment of such medals and titles, eligible recipients, and awarding procedures, thereby laying down an important legal basis for establishing and improving relevant systems of Party and state awards and honors.


4) We improved the recording and review system for normative documents.

The recording and review of normative documents constitutes an important system for safeguarding the authority of the Constitution and ensuring legislative consistency. Seizing on the opportunity provided by the implementation of the revised Legislation Law, the Standing Committee took steps not only to improve the system of recording and reviewing normative documents, but also to enhance its capacity to implement this system. The working bodies of the Standing Committee, working in collaboration with relevant departments, established a mechanism for coordinating the recording and review of regulations, rules, and other normative documents. Thanks to years of efforts, all types of regulations, rules, judicial interpretations, and other normative documents have been brought under the scope of recording and review, and we have worked to see to it that any normative document that is found to, through review, conflict with the Constitution or any other law is rescinded or corrected in accordance with the law and relevant regulations. Our policy in this regard is to ensure that all normative documents are kept on record, all documents on record are examined, and all mistakes discovered in these documents are rectified. Over the past year, the working bodies of the Standing Committee reviewed over 30 administrative regulations and judicial interpretations submitted by the State Council, the Supreme People's Court, and the Supreme People's Procuratorate. They have also taken the initiative to review certain local regulations, studying over 200 suggestions from various departments. In doing so, they have ensured proper recording and review of normative documents.

三、依法支持和推动全面深化改革工作3. We supported and promoted the comprehensive deepening of reform in accordance with the law.
常委会坚持在法治下推进改革、在改革中完善法治,通过立法、监督等工作,保证重大改革举措于法有据、顺利实施。The Standing Committee has remained committed to advancing reform on the basis of the rule of law and strengthening the rule of law through reform. Through our efforts in legislation and oversight, we have ensured that all of China's major reforms have a legal basis and are carried out soundly.

1) We granted authorization to support trial reforms.

For proposed reforms that come into conflict with existing laws, and for which the conditions for revising the relevant laws do not exist and trials are required first, the Standing Committee may act in accordance with the prescribed legal procedures to grant authorization for preliminary reform trials to be conducted, thereby providing the necessary legal basis and support for trial reforms in certain regions or particular sectors. Over the past year, we have issued authorization decisions on a series of initiatives, including the trial reform of the system of people's assessors, the trials for filing public interest litigation, the pilot program of a marketing authorization holder system for drugs and relevant issues, the trials to allow the mortgaging of contracted rural land-use rights and farmers' home property rights, and the adjustment to the applicability of certain stipulations in the Securities Law in order to implement the reform to introduce an IPO registration system. These decisions have been made with clear definition to the scope, content, and period of validity of the relevant authorizations. At the same time, we urged relevant government departments to carry out these trial reforms in accordance with the law, promptly sum up experience gained in practice, and report their progress to the Standing Committee.


2) We carried out a coordinated effort to revise similar or related stipulations across certain laws.

In a continued effort to help the government streamline administration, delegate more powers, improve regulation, and provide better services, we found it imperative to act promptly to revise or rescind any laws or regulations that are no longer suited to the current conditions. The Standing Committee, on the basis of thoroughly reviewing relevant motions put forward by the State Council, and in view of different circumstances, decided to adopt a comprehensive approach to the revision of the laws in question. We approved six decisions on the revision of existing laws which involved 24 laws and one decision on legal issues, making consistent revisions to certain articles therein concerning government review and price regulation. In addition, certain revisions were made to the Law on Commercial Banks, such as the deletion of a provision stipulating that the loan-to-deposit ratio of commercial banks was not to exceed 75%. This revision enables commercial banks to increase their credit supply by an appropriate margin and better support the development of the real economy.


3) We heard and reviewed reports on the progress of reforms from the State Council, the Supreme People's Court, and the Supreme People's Procuratorate.

Over the last several years, the Standing Committee has made authorization decisions on a number of pilot initiatives in reform and opening up. In April 2015, the Standing Committee heard and reviewed the State Council's work report on pilot free trade zones, giving a positive appraisal of the progress made in the development of the China (Shanghai) Pilot Free Trade Zone and in the establishment of three more pilot free trade zones in Guangdong, Tianjin, and Fujian. The Standing Committee also proposed several improvements with regard to the active yet prudent development of pilot free trade zones. In August, during its review of the mid-term report of the Supreme People's Court and the Supreme People's Procuratorate on the implementation of the pilot projects of accelerated procedures for certain criminal cases, the Standing Committee emphasized the need to enhance the organization, guidance, monitoring, and inspection of the pilot projects and conduct timely reviews and assessments, so that a reliable source of reference could be provided for improving criminal litigation procedures. In December, when the authorization allowing the State Council to make provisional adjustments on a trial basis to items requiring government review as prescribed by certain laws in Guangdong Province was about to expire, the Standing Committee reviewed the State Council's report on the implementation of this pilot practice and made a decision regarding the handling of subsequent matters following the expiration of the authorization in view of actual conditions.

四、在增强监督实效上取得新进展4. We made progress in the provision of more effective oversight.
常委会依法行使监督职权,围绕中心、服务大局、突出重点,着力增强监督实效,推动党中央重大决策部署贯彻落实,促进依法行政、公正司法。The Standing Committee exercises powers of oversight in accordance with the law. With a view to better serving the central task of economic development and the overall interests of the country, we channeled considerable energy into making our oversight work more effective, maintaining a focus on key priorities. Our oversight efforts have helped to ensure the implementation of the Party Central Committee's major decisions and plans, as well as law-based government administration and judicial impartiality.

1) We intensified our efforts to inspect compliance with laws.

Inspecting compliance with laws is a major statutory means by which the NPC exercises oversight. Over the past year, the Standing Committee inspected compliance with six laws, specifically the Law on Vocational Education, the Law on the Protection of Consumers' Rights and Interests, the Agriculture Law, the Law on the Prevention and Control of Water Pollution, the Law on Guaranteeing the Rights and Interests of Senior Citizens, and the Law on Regional Ethnic Autonomy. Vice chairpersons of the Standing Committee, as well as myself as Chairman, headed inspection groups to localities to oversee and inspect compliance with these laws and on this basis, delivered reports on the findings at meetings of the Standing Committee and chaired inquiries on related specific issues. In addition, the Standing Committee strengthened follow-up oversight. Following our inspection of compliance with the Air Pollution Prevention and Control Law and our deliberation on the inspection report in 2014, we made arrangements last year to hear and deliberate the State Council's feedback report on how it had responded to our 2014 report and our comments. We also heard and deliberated a report from the State Council on the work it did in response to our compliance inspection report for the Law on Vocational Education and our comments. Our efforts in this regard have contributed to the improvement of relevant government work.

常委会抓住法律实施中的突出问题和薄弱环节,研究提出解决问题、完善制度的意见建议,督促和推动有关方面全面有效实施法律。国务院及其有关部门高度重视、认真落实执法检查报告和常委会审议意见提出的建议,积极研究制定整改落实措施,解决了一批实际问题,健全完善了相关制度机制。针对职业教育法执法检查中提出的以就业为导向提高职业教育办学质量、促进产教深度融合和校企共同育人、促进普通本科高等院校转型发展等意见建议,教科文卫委员会加强跟踪督促,有关部门修订了高职专业目录,颁布了高职专业设置管理办法,专业总数由原来的1170个调减至748个;制定实施关于深入推进职业教育集团化办学的指导性文件,全国已建成1000多个职教集团;制定实施《高等职业教育创新发展行动计划(2015-2018年)》、《关于引导部分地方普通本科高校向应用型转变的指导意见》等。Focusing on the prominent problems and weak points identified in the enforcement of the laws for which we carried out compliance inspections, the Standing Committee put forward comments and proposals for solving these problems and improving related systems, urging relevant government departments to work toward complete and effective enforcement of these laws. Taking these comments and suggestions extremely seriously, the State Council and its departments took earnest measures to rectify the problems exposed in the inspection reports and implement the Standing Committee's suggestions, thereby resolving a number of practical problems and refining the relevant systems and mechanisms. Based on an inspection of compliance with the Law on Vocational Education, the Standing Committee put forward proposals on improving the quality of vocational education by taking an employment-oriented approach, deepening the integration of vocational education with industry and cooperation between vocational colleges and businesses, and encouraging regular undergraduate institutions to shift their focus toward providing applied education. Under follow-up monitoring by the NPC's Education, Science, Culture, and Public Health Committee, the relevant government departments acted accordingly by revising the list of specialties offered by vocational colleges and promulgating methods for managing the provision of specialties by vocational colleges. As a result, the total number of specialties has been condensed from 1,170 to 748. In addition, the relevant departments formulated and implemented guidelines on encouraging the incorporation of vocational education providers into groups, resulting in the formation of over 1,000 vocational education groups nationwide. They also formulated and implemented the action plan for innovation and development in higher vocational education (2015-2018) and the guidelines on encouraging some local regular undergraduate institutions to shift toward providing applied education.

2) We strengthened the review and oversight of government budgets and final accounts.

In performing this legally prescribed duty, the Standing Committee heard and deliberated government reports on final accounts, auditing work, and the implementation of budgets, and reviewed and approved the central government's final accounts for 2014. We required governments at all levels and related departments to conscientiously observe the revised Budget Law, deepen the reform of fiscal and tax systems, follow standard procedures in compiling and managing budgets and final accounts, and make overall plans for the use of government funds so as to ensure that these funds are used more effectively.

审议批准关于2015年地方政府债务限额的议案,听取审议关于加强地方政府债务管理情况报告。提出从紧控制地方政府债务增长,严格限定举债程序和资金用途,正确处理当前和长远的关系,完善债务考核评价、风险评估和应急处置机制,切实防范和化解地方政府债务风险。We deliberated and approved a motion by the State Council on imposing ceilings on local government debt in 2015, and heard and deliberated a report on its work to strengthen local government debt management. Upon deliberation, we required that the growth of local government debt be tightly controlled, strict procedures be followed in the issuance of bonds by local governments, and strict controls be imposed on the use of borrowed funds, with due attention given to both short-term and long-term needs. We also required that improvements be made to mechanisms for evaluating debt management performance, assessing risks, and dealing with emergencies, so as to effectively prevent and defuse local government debt risks.

3) We helped to promote sustained, sound economic development.

The Standing Committee heard and deliberated reports by the State Council on development, including a report on the implementation of the 2014 plan for national economic and social development. We fully endorsed the work of the State Council and its relevant departments, remarking that the steady and positive performance of China's economy in 2014 had not come easily. At the same time, we proposed that the State Council continue to faithfully implement the decisions and plans of the Party Central Committee; understand, adapt to, and guide the new normal in China's economic development; focus on improving the quality and efficacy of economic development; maintain a proper balance between ensuring steady growth, promoting reform, making structural adjustments, improving living standards, and guarding against risks; and work to promote sustained, sound economic development and social stability.

听取审议关于信息化建设及推动信息化和工业化深度融合发展、稳定和完善农村土地承包关系等工作情况的报告。强调要明确信息技术发展战略,推进共性关键技术攻关和自主创新体系建设,强化信息公共服务,加快信息科技成果转化应用,加快推进我国信息化建设和“两化融合”。要求认真做好农村土地承包经营权确权登记颁证工作,妥善解决承包土地纠纷及人地矛盾,依法维护农民权益,有序开展农村土地制度改革试点工作,加快构建新型农业经营体系,发展现代农业。We also heard and deliberated reports by the State Council on its work to promote the application of information technology and the deeper integration of information technology into industrialization, and on its work to improve and stabilize rural land contract relationships. We emphasized that the government should highlight information technology development as a strategy; promote breakthroughs in generic key technologies and build a system for innovation; improve public services concerning information; accelerate the commercialization and application of advances in information technology; and move faster to promote the application of information technology and integrate it more deeply into industrialization. We required that the government work to ensure smooth progress in determining, registering, and certifying contracted rural land-use rights; properly settle disputes over contracted land-use rights and solve the problem of an increasing number of rural residents having no land to farm; protect the rights and interests of farmers according to law; carry out the trial reform of the rural land system in an orderly fashion; speed up the establishment of a new type of system of agricultural operations; and develop modern agriculture.
常委会组织有关专门委员会、工作委员会围绕“十三五”时期经济社会发展若干重要问题开展专题调研,形成24份专题调研报告,涉及财政经济、教科文卫、节能环保、民族侨务、养老服务、“三农”、粤港澳合作等诸多领域,为研究编制“十三五”规划纲要提供重要参考,也为审查批准“十三五”规划纲要做了必要准备。The Standing Committee organized for the relevant special committees and working committees to carry out dedicated research on major issues concerning economic and social development during the 13th Five-Year Plan period. The 24 reports this led to focused on issues concerning public finance, the economy, education, science, culture, public health, energy conservation, environmental protection, work related to ethnic minorities and overseas Chinese, elderly care, agriculture, rural areas, farmers, and cooperation between Guangdong on the one hand and Hong Kong and Macao on the other, thereby providing the government with a valuable source of reference for formulating the 13th Five-Year Plan. These research activities have also better prepared deputies for examining and approving the 13th Five-Year Plan at this session of the NPC.

4) We helped to guarantee and improve living standards.

Safeguarding and improving the people's wellbeing and promoting social equity and justice represent priorities in the Standing Committee's oversight work. After hearing and deliberating the State Council's report on its efforts to develop the system of public cultural services, the Standing Committee proposed that the relevant government departments intensify the construction of public cultural and sports facilities; build a stronger contingent of personnel in the cultural and sports sectors; increase the supply of public cultural products and services; and make innovations in systems and mechanisms for the management and operation of public cultural programs, so that the people can benefit more from cultural development. After hearing and deliberating the State Council's report on the progress in deepening the reform of the medical and health care systems, the Standing Committee fully affirmed the notable achievements that had been registered, while also emphasizing that the government should continue to push the reform forward in line with China's realities, with strong confidence and the courage to overcome any difficulty that may emerge on the road ahead. We iterated that the government should do everything it can within reasonable limits to ensure basic medical and health care services for the people, improve the services provided at the community level, and establish sound supporting mechanisms. We also stated that it should strengthen top-level design, improve systems and mechanisms, and work energetically to find a Chinese solution to medical reform -- a difficult problem for all countries around the world -- with a view to making progress in building a Healthy China.


5) We continued to strengthen oversight of judicial work.

We heard and deliberated the report of the Supreme People's Court on the hearing of administrative cases and the report of the Supreme People's Procuratorate on the oversight over the enforcement of penal decisions. On this basis, we commented that the courts should fully observe the revised Administrative Procedures Law and improve the hearing of administrative cases, and that the procuratorates should standardize and improve oversight over the enforcement of penal decisions and ensure strict application of sentence commutation, parole, and medical bail. The Supreme People's Court held a teleconference for courts throughout the country, during which it laid out dedicated plans for strengthening and improving the hearing of administrative cases under new circumstances. The Supreme People's Procuratorate also earnestly considered our comments, formulating the decision on comprehensively strengthening and standardizing inspections of the enforcement of penal decisions.

常委会把健全监督工作机制、完善监督工作方式方法,作为加大监督力度、增强监督实效的重要途径,进行了一些新的探索。一是研究提出《关于改进审计查出突出问题整改情况向全国人大常委会报告机制的意见》。2015年6月,常委会听取审议国务院年度审计工作报告,对查出的问题提出整改意见。12月,常委会听取审议了国务院关于审计查出问题整改情况的报告,并结合审议报告进行了专题询问。这在人大监督工作方面还是第一次。从整改情况看,对审计工作报告中反映的重点问题,财政部、发展改革委等6个部门进行了认真整改,并提出了整改情况报告;对其他问题,47个部门、单位对772个问题进行了认真整改。审计发现的违法违纪问题线索,审计署已经移送有关方面查处。二是研究提出《关于改进完善专题询问工作的若干意见》,结合审议职业教育法、水污染防治法两个执法检查报告分别开展专题询问,拓宽了专题询问的范围;国务院领导同志在常委会会议上作专项工作报告,参加常委会联组会议,回答询问、听取意见,参加常委会执法检查组会议,充分体现了政府对人大负责、受人大监督和加快建设法治政府的精神。The Standing Committee identified improving oversight mechanisms and methods as an important means of intensifying its oversight work and making its oversight more effective, and conducted new trials in this regard. This led, among other things, to the production of the guidelines on establishing a mechanism for the State Council to report to the NPC Standing Committee on the rectification of pronounced problems discovered in auditing. In June 2015, the Standing Committee heard and deliberated the State Council's annual report on auditing work and proposed corrections to problems identified therein. In December, the Standing Committee convened to hear and deliberate the State Council's report on the rectification of these problems, and then conducted an inquiry on specific issues based on our deliberation. This was a first in the oversight work of the NPC. Judging from the results, all problems discovered in auditing have been rectified, with the Ministry of Finance, the National Development and Reform Commission, and four other departments rectifying the major problems and presenting reports on their rectification work; and 47 departments and offices making corrections to 772 other problems. In addition, the National Audit Office referred leads on violations of the law and discipline uncovered during the auditing to the competent authorities for further investigation. Another result of the trials we conducted last year was the formulation of the guidelines on improving special inquiries. We carried out special inquiries in connection with our deliberations of the two compliance inspection reports for the Law on Vocational Education and the Law on the Prevention and Control of Water Pollution, allowing the topics subject to inquiry to be further expanded. Leading officials from the State Council came to deliver reports on special topics at meetings of the Standing Committee, and attended joint group meetings of the Standing Committee as well as meetings of the Standing Committee's groups inspecting compliance with laws, to respond to inquiries and solicit comments. These practices fully demonstrate that the government is accountable to the NPC and subject to its oversight, and that the building of a rule of law government is picking up speed.

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