十一届全国人大常委会工作报告(全文)
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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

目录

Contents

一、过去五年工作的简要回顾 I. Overview of the Work in the Past Five Years
二、过去五年工作的基本总结 II. Review of the Work in the Past Five Years
三、今后一年工作的总体安排 III. Plan for This Year's Work
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.
一、过去五年工作的简要回顾 I. 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.
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