全国人大常委会工作报告(2017)(全文)
Full text: Work report of NPC Standing Committee (2017)

 
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三、为相关领域改革提供法治保障3. We provided a legal guarantee for relevant reforms.
常委会坚持立法和改革决策相统一、相衔接,及时修改完善涉及改革的法律,作出有关改革试点的决定,听取审议改革试点工作报告,保证改革和法治相辅相成、相互促进。In working to bring legislation into line with China's reform, we revised and improved laws related to reform in a timely manner, issued decisions on relevant pilot reforms, and heard and deliberated reports on the progress of pilot reforms. We have thus been able to ensure that reform and rule of law complement and reinforce one another.
(一)统筹修改多部法律,持续推进行政审批制度改革。对部分法律中涉及同类事项或者同一事由需要修改的个别条款,采取一并提出法律案的方式进行统筹修改,是通过立法推动相关领域改革的重要方式之一。4年来,常委会采取统筹修法方式,审议通过了13个修法决定,涉及修改法律和有关法律问题的决定74件次。2016年审议通过关于修改节约能源法、职业病防治法等6部法律的决定,关于修改对外贸易法、海关法、煤炭法等12部法律的决定,对法律中涉及行政审批、职业资格认定等同类或者相关条款一并作出修改。

1) We revised multiple laws using a coordinated approach, in a continued effort to support the reform of the government review and approval system.

For specific articles from different laws that deal with similar issues or the same matter and need to be revised for the sake of a reform, our approach is to issue a decision for revisions to be made across laws by putting forward multiple drafts at the same time. This is an important method we adopt to promote the relevant reform through legislation. Over the past four years, using this approach, we have deliberated and approved 13 such revision decisions, revising 74 laws and decisions on legal issues. In 2016, we deliberated and adopted the decision to revise six laws at the same time, including the Energy Conservation Law and the Law on the Prevention and Control of Occupational Diseases, as well as the decision to revise 12 laws, including the Foreign Trade Law, the Customs Law, and the Coal Industry Law. We thus made consistent changes to their articles pertaining to government review and approval or verification of professional qualifications and related matters.

(二)依法作出授权决定,为改革先行先试提供依据。常委会作出授权最高人民法院、最高人民检察院在部分地区开展刑事案件认罪认罚从宽制度试点工作的决定,确定在北京等18个城市开展试点工作。同时,总结2014年授权在上述地区开展刑事案件速裁程序试点工作的经验,将此项试点纳入认罪认罚从宽制度试点工作范围并加以扩大完善,按照新的试点办法继续试行。分别听取审议最高人民法院、最高人民检察院关于人民陪审员制度改革试点情况、关于检察机关提起公益诉讼试点情况的中期报告,要求进一步加强指导监督,全面评估试点成效,为修改完善相关法律积累经验。

2) We issued authorization decisions in accordance with the law to provide legal basis for pilot reforms.

We authorized the Supreme People's Court and the Supreme People's Procuratorate to pilot a system of sentence bargaining in criminal cases in 18 cities including Beijing. Meanwhile, we reviewed our experiences with the pilot project of accelerated procedures for certain criminal cases that we authorized in 2014 to be carried out in these 18 cities, and incorporated this pilot project into the pilot sentence bargaining system to expand, improve, and continue running it under the new pilot system. We heard and deliberated the mid-term report of the Supreme People's Court on the pilot reform of the system of people's assessors, and that of the Supreme People's Procuratorate on the pilot reform for the filing of public interest litigation by procuratorates. We demanded that guidance and oversight be stepped up and a comprehensive evaluation of the results of these pilot reforms be made so as to accumulate experience for revising and improving relevant laws.

为依法推进公务员职务与职级并行制度改革试点、生育保险和基本医疗保险合并实施改革试点、军官制度改革试点等工作,常委会分别审议通过3个决定,暂时调整适用相关法律规定,保证在法治轨道上推进相关领域改革。In order to ensure law-based advancement of the pilot reforms concerning a salary system for public servants based on both position and rank, incorporation of the maternity insurance into the basic medical insurance scheme, and the system of military officers, we deliberated and passed three separate decisions on making provisional adjustments to the applicability of certain stipulations in relevant laws, so as to guarantee that these pilot reforms are carried on in line with the rule of law.
(三)总结改革试点经验,通过修改完善法律予以复制和推广。常委会坚持在法治下推进改革、在改革中完善法治,对于需要先行先试的改革举措,依法授权开展试点工作;对于实践证明行之有效、具备复制推广条件的改革举措,及时总结修改完善相关法律。2013年和2014年,常委会先后两次作出决定,授权国务院在上海、广东、天津、福建自由贸易试验区暂时调整有关法律规定的行政审批。国务院在认真总结试点经验后提出议案,常委会对外资企业法等4部法律作出统筹修改,将自由贸易试验区试点的改革措施上升为法律,同时相应终止两个授权决定的法律效力。

3) We reviewed our experiences with pilot reforms and enabled the spread of applicable practices to more regions by revising and improving relevant laws.

We have remained committed to advancing reform on the basis of rule of law and strengthening the rule of law through reform. For reform measures that require preliminary trials, we shall authorize the necessary trials in accordance with the law; for reform measures that have proved to be effective in practice and are ready to be applied to other regions, we shall act in a timely manner to review these measures and revise and improve relevant laws accordingly. In 2013 and 2014 we issued two decisions authorizing the State Council to make provisional adjustments to items requiring government review as prescribed by certain laws in the pilot free trade zones in Shanghai, Guangdong, Tianjin, and Fujian. After considering the motion that the State Council had put forward on the basis of its thorough review of experiences gained from the trials, last year we made a coordinated effort to revise the Law on Foreign-Funded Enterprises and three other laws at the same time. We thus elevated the reform measures tested out in pilot free trade zones into provisions of law, and correspondingly terminated the two authorization decisions.

四、以人民群众普遍关心的问题为重点加强执法检查和工作监督4. We made issues of public concern the focus of our intensified efforts to inspect compliance with laws and oversee work performance.
常委会认真履行宪法法律赋予的监督权,坚持问题导向,加大监督力度,创新监督方式,增强监督实效。We earnestly exercised the oversight powers granted to us by the Constitution and other laws. While continuing to pursue a problem-oriented approach, we intensified our oversight work and adopted new oversight methods, thereby increasing its effectiveness.
(一)把加强执法检查摆在突出位置。法律的生命力在于实施,法律的权威也在于实施。常委会把保证法律严格实施作为全面推进依法治国的重要抓手,持续加强和改进执法检查工作。4年来共开展20次执法检查。2016年检查了食品安全法、安全生产法、道路交通安全法、环境保护法、水法、促进科技成果转化法等6部法律的实施情况。

1) We made strengthening law compliance inspections a top priority.

The vitality and authority of the law lie in its implementation. In taking the strict implementation of laws as a key task in advancing the law-based governance of China, we continued to strengthen and improve inspections of compliance with laws. Over the past four years, we have carried out a total of 20 inspections. In 2016, we inspected compliance with six laws, namely the Food Safety Law, the Law on Workplace Safety, the Road Traffic Safety Law, the Environmental Protection Law, the Water Law, and the Law on Promoting the Application of Scientific and Technological Advances.

在实践中,常委会不断深化对执法检查工作规律的认识,探索形成了包括6个环节的执法检查工作流程。一是选好执法检查题目,重点抓住经济社会发展中亟需解决、人民群众普遍关心的突出问题,检查相关法律的实施情况。二是搞好执法检查组织工作,由委员长、副委员长担任执法检查组组长,带队赴地方开展检查;坚持常委会直接检查与委托地方人大开展检查相结合,扩大执法检查的覆盖面;注重深入基层了解实际情况,把问题找准、把症结查清。三是全面报告执法检查情况,提出务实有效的建议,使执法检查报告成为解决问题、完善制度的重要依据。四是认真进行审议,常委会组成人员充分发表意见、集思广益;同时选择部分执法检查项目,结合审议开展专题询问,国务院及其有关部门负责同志到会听取意见、回答询问。五是推动改进实际工作,督促“一府两院”认真研究处理常委会执法检查报告和审议意见,切实解决突出矛盾和问题;有关专门委员会进行跟踪监督。六是要求“一府两院”报告整改落实情况,常委会根据实际情况安排进行审议。这6个环节形成对法律实施情况的“全链条”监督工作流程,切实增强了人大监督工作的系统性、针对性和有效性。

Through practice, we have continuously deepened our understanding of the patterns that underpin the work of inspecting compliance with laws, and have developed a procedure for this work, which consists of the following six steps:

First, the subject of the inspection is determined. Inspections will focus on laws related to issues of pressing importance for economic and social development and of common concern among the people.

Second, inspection is well organized. I, as Chairman, and the vice chairpersons of the Standing Committee lead inspection groups in inspecting law compliance in various localities. We make use of both inspections by the Standing Committee and inspections by local people's congresses entrusted by us, so as to expand the coverage of inspection. We emphasize the importance of visiting the community level to see real conditions there, so as to ensure problems are accurately identified.

Third, a comprehensive report detailing inspection results is produced. The report should contain practical and effective suggestions and serve as an important basis on which problems can be addressed and relevant systems improved.

Fourth, thorough deliberation on the inspection report is carried out. Members of the Standing Committee fully express their opinions and pool their knowledge. If necessary, a special inquiry is organized based on the deliberation, with leading officials from the State Council and its relevant departments in attendance to hear comments and answer questions.

Fifth, impetus is provided to the improvement of actual work. We urge the State Council, the Supreme People's Court, and the Supreme People's Procuratorate to carefully examine and handle our inspection and deliberation results and adopt effective measures to resolve pronounced problems, with relevant special committees of the NPC exercising follow-up oversight.

Sixth, the State Council, the Supreme People's Court, and the Supreme People's Procuratorate are required to report on their rectification work. We then make arrangements for deliberating their reports in view of actual conditions.

These six steps form a complete process for carrying out oversight on the implementation of laws, enabling our oversight work to become more systematic, targeted, and effective.

(二)着力提升人民群众生产生活安全感。常委会对公共安全领域的3部法律开展执法检查并进行专题询问,推动各级政府牢固树立和贯彻落实以人为本、安全发展理念,努力让人民群众吃得安全、出行安全、工作安全。

2) We helped ensure the people's safety in life and work.

We inspected compliance with three laws in the field of public safety and carried out special inquiries on them. We urged governments at all levels to affirm and practice the principle of putting people first and pursuing safe development, and to work hard to guarantee food, transportation, and workplace safety.

民以食为天,食以安为先。常委会贯彻落实习近平总书记提出的“坚持最严谨的标准、最严格的监管、最严厉的处罚、最严肃的问责”的要求,在全国范围内检查食品安全法实施情况,涉及“从农田到餐桌”的各个环节,突出食用农产品、婴幼儿配方乳粉等重点领域和幼儿园、学校等集中用餐单位,抓住食品安全监管中的薄弱环节和小作坊小摊贩、网络订餐中的突出问题,就确保人民群众“舌尖上的安全”认真负责地提出意见建议。国务院高度重视,制定《“十三五”国家食品安全规划》。各地方积极加强监管体制和能力建设,严厉整治食品生产经营突出问题。食品药品监管部门查处违法违规案件10.6万件,公安部门破获食品安全犯罪案件8300余起。18个省(区、市)就规范食品生产加工小作坊小摊贩制定或修改了地方性法规和政府规章。Food is the most basic necessity of the people, and safety must be the top priority in food production. Putting into practice General Secretary Xi Jinping's requirements of applying the strictest possible standards, oversight, punishment, and accountability to ensure food safety, we inspected compliance with the Food Safety Law nationwide, covering every step from farm to table. Special attention was given to key areas such as edible agricultural products and infant formula, to places where groups of people eat together such as kindergartens and schools, to weak links in food safety oversight and supervision, and to prominent problems in the regulation of food vendors, small-scale food production sites, and online food ordering. On the basis of the inspection, we put forward responsible suggestions and comments to help ensure that every bite of food is safe. Giving earnest consideration to our comments and suggestions, the State Council developed the National Plan for the 13th Five-Year Plan Period for Food Safety. Local authorities also acted promptly to strengthen their oversight institutions and capability for ensuring food safety, and adopted strong measures to tackle prominent problems in food production and sale. Food and drug supervisory and regulatory authorities investigated and handled 106,000 violations of laws or regulations. Public security agencies uncovered more than 8,300 food safety offences. A total of 18 provincial-level governments introduced new, or revised existing, local statutes and regulations to better regulate food production and processing by small producers and vendors.
在安全生产法执法检查中,执法检查组深入矿山井下、生产车间、建筑工地,听取一线员工意见,强调发展决不能以牺牲安全为代价,要求有关方面强化和落实生产经营单位的主体责任,依法严惩安全生产违法违规行为,深化重点行业领域专项治理。在道路交通安全法执法检查中,针对货车非法改装、超限超载,电动自行车普遍超标,农村道路交通安全设施不足等突出问题,执法检查组通过暗查暗访、实地体验、问卷调查等多种形式深入了解情况,要求严格道路交通安全执法监管,严肃整治违法生产、销售、使用车辆行为。在专题询问中,常委会组成人员同国务院及其有关部门负责人面对面交流,探究问题根源,共商改进举措,确保人民群众生产生活安全。

When inspecting compliance with the Law on Workplace Safety, inspection groups entered mines, factory workshops, and construction sites, so as to hear firsthand what the people in the field had to say and stress the importance of never sacrificing safety for the sake of development. Based on what we learned from the inspection, we urged relevant authorities to ensure production and operations entities have fulfilled their primary responsibilities, impose in accordance with the law stringent punishments for violations of workplace safety laws or regulations, and intensify focused efforts to tackle problems in key industries and sectors.

When inspecting compliance with the Road Traffic Safety Law, we targeted prominent issues such as trucks being illegally modified or carrying oversized and overweight loads, electric bikes exceeding stipulated standards, and deficiencies in traffic safety facilities on rural roads. Inspection groups acquired an in-depth understanding of the situation through a variety of methods such as unannounced visits and investigations, field surveys, and questionnaires. We required that supervision and oversight over the enforcement of the law be strengthened and serious measures be taken to stop illegal production, sale, and use of vehicles.

During the special inquiries that followed the law compliance inspections, members of the Standing Committee had face-to-face discussions with leading officials of the State Council and its relevant departments to get to the root of the problems and discuss measures for improvement so as to ensure people's safety in life and work.

(三)积极推动改善和保护生态环境。常委会积极回应人民群众对良好生态环境的热切期待,2014年全面修订环境保护法,2016年又检查这部法律实施情况并开展专题询问,首次听取审议国务院关于年度环境状况和环境保护目标完成情况的报告。要求有关方面全面贯彻实施环境保护法律制度,着力解决人民群众反映强烈的大气、水、土壤等方面的突出环境问题,让老百姓切实感受到环境质量的改善;督促地方各级政府依法向本级人大及其常委会报告年度环境状况和环境保护目标完成情况,自觉接受人大和人民群众监督。

3) We gave impetus to ecological and environmental conservation and improvements.

In actively responding to the people's earnest expectation for a good environment, in 2014 we comprehensively revised the Environmental Protection Law; in 2016, we inspected compliance with this law and held a special inquiry following the inspection, and for the first time, heard and deliberated the State Council's report on the state of the environment and the fulfillment of environmental protection targets. We required relevant authorities to ensure full enforcement of environmental protection laws and regulations and put great effort into addressing the environmental problems which are of great concern to the people, such as air, water, and soil pollution, so that the people can really feel improvements in the environment. We urged local governments at all levels to make annual reports on the state of the environment and the fulfillment of their environmental protection targets to people's congresses at the same level and their standing committees in accordance with the law, and to willingly accept oversight by people's congresses and the public.

绿水青山就是金山银山。常委会检查水法实施情况,开展水污染防治法专题调研,听取审议国务院关于自然保护区建设和管理工作情况的报告,要求落实最严格的水资源管理制度,加强水生态保护和水环境治理,推进水资源可持续利用,加快自然生态系统保护和修复工作,努力实现青山常在、绿水长流。Lush mountains and lucid waters are as valuable as gold and silver. We inspected compliance with the Water Law, carried out research investigations on the implementation of the Law on the Prevention and Control of Water Pollution, and heard and deliberated the State Council's report on the establishment and management of nature reserves. We required that the strictest possible management system for water resources be put into action, the protection of water ecosystems and management of water environments be strengthened, sustainable use of water resources be guaranteed, and efforts to protect and restore natural ecosystems be accelerated, so that we can forever keep our mountains green and our waters clear.
(四)促进经济社会平稳健康发展。常委会紧紧围绕党中央关于经济工作的重大决策部署,加强经济工作监督和预算决算审查监督。听取审议国务院关于计划执行情况报告以及国有资产管理与体制改革情况、农林科技创新工作情况等报告,检查促进科技成果转化法的实施情况。强调要积极适应把握引领经济发展新常态,坚定推进供给侧结构性改革,做好“三去一降一补”工作,大力实施创新驱动发展战略,加快实现新旧发展动能转换,切实防范和化解风险,确保实现“十三五”良好开局。

4) We helped to ensure steady and sound economic and social development.

We kept firmly in mind the Party Central Committee's major decisions and plans on economic work, as we worked to strengthen oversight of economic work as well as review and oversight of government budgets and final accounts. We heard and deliberated the State Council's reports on the implementation of the plan for national economic and social development, on the management of state-owned assets and reform of their management system, and on scientific and technological innovation in agriculture and forestry. We inspected the implementation of the Law on Promoting the Application of Scientific and Technological Advances. We emphasized that the government should adapt to, approach in the right way, and steer the new normal in economic development; press ahead with supply-side structural reform; ensure substantive progress in cutting overcapacity, reducing excess inventory, deleveraging, lowering costs, and strengthening areas of weakness; put great effort into pursuing innovation-driven development; work quickly to replace old drivers of growth with new ones; effectively guard against and defuse risks; and ensure a good start to the 13th Five-Year Plan.

常委会听取审议中央决算报告、审计工作报告、预算执行情况报告,审查批准2015年中央决算、2016年中央预算调整方案,听取审议关于审计查出问题整改情况报告、深化财政转移支付制度改革情况报告。要求落实好积极财政政策,加快推进财税体制改革和相关立法工作,规范预算决算编制和管理,提高财政转移支付绩效和透明度,加强地方政府债务管理。制定《关于建立预算审查前听取人大代表和社会各界意见建议的机制的意见》,拓宽代表和公众对预算审查工作的参与。We heard and deliberated the State Council's reports on the final accounts of the central government, on budget implementation, and on auditing work, and examined and approved the 2015 central government final accounts and the revision of the 2016 central government budget. We heard and deliberated the State Council's reports on the rectification of problems discovered in auditing and on the progress achieved in deepening reform of the system of transfer payments. We required that the proactive fiscal policy be well implemented, reform of fiscal and tax systems and relevant legislative initiatives be accelerated, the compilation and management of budgets and final accounts be put under standard procedures, the effectiveness and transparency of transfer payments be raised, and management of local government debt be strengthened. To see greater participation of deputies and the public in the work of budget review, we formulated the guidelines on establishing a mechanism for soliciting opinions from deputies and people from all sectors of society before government budgets are reviewed.
常委会还听取审议了高等教育改革与发展工作情况的报告、出境入境管理法执行情况的报告,开展民族区域自治法配套法规制定和实施情况等专题调研。We also heard and deliberated the State Council's reports on the progress of the reform and development of higher education and on the enforcement of the Law on Entry and Exit Administration. We conducted research on the development and implementation of supporting rules and regulations for the Law on Regional Ethnic Autonomy.
(五)大力弘扬宪法精神。常委会全面贯彻实施宪法宣誓制度,依法组织6次宪法宣誓仪式,25名国家工作人员在就职时公开进行宪法宣誓,彰显了宪法尊严和权威。在第三个国家宪法日到来之际,习近平总书记对“五四宪法”历史资料陈列馆作出重要指示,强调开展宪法宣传教育是全面依法治国的重要任务。常委会办公厅会同中央有关部门和浙江省人大常委会在杭州举办国家宪法日座谈会,推动学习宣传宪法、贯彻实施宪法。

5) We worked hard to promote the spirit of the Constitution.

We comprehensively implemented the system of pledging allegiance to the Constitution. We organized, in accordance with the law, six ceremonies for 25 officials to publicly pledge allegiance to the Constitution when they took office, demonstrating the sanctity and authority of the Constitution. On the occasion of the third National Constitution Day, and the opening of a history exhibition hall for the 1954 Constitution in Hangzhou, General Secretary Xi Jinping gave important instructions, stressing that raising public awareness of the Constitution is an important task in advancing the law-based governance of China. The General Office of the NPC Standing Committee, together with relevant departments of the central authorities and the Standing Committee of the Zhejiang Provincial People's Congress, organized a National Constitution Day seminar in Hangzhou to spread knowledge of the Constitution and promote its implementation.

常委会听取审议国务院关于“六五”普法决议执行情况的报告,作出关于开展第七个五年法治宣传教育的决议,要求深入学习宣传习近平总书记关于全面依法治国的重要论述,抓住领导干部这个“关键少数”,促进国家工作人员和全社会尊法学法守法用法,树立宪法法律权威。We heard and deliberated the State Council's report on the implementation of the resolution on the sixth five-year initiative to popularize knowledge of the law, and adopted a resolution on launching the seventh five-year initiative to raise public awareness of the rule of law. We required that great effort be made to understand and communicate General Secretary Xi Jinping's major expositions on comprehensively advancing the law-based governance of China, give play to the role of the "critical minority" consisting of leading officials in promoting the practice of respecting, studying, abiding by, and applying the law throughout society and particularly among public servants, and affirm the authority of the Constitution and other laws.
常委会高度重视促进司法公正,听取审议最高人民法院关于深化司法公开情况的报告、最高人民检察院关于加强侦查监督情况的报告,积极推动深化司法体制改革,强化司法公开,规范司法行为,提高司法公信力。Attaching great importance to ensuring judicial impartiality, we heard and deliberated the report of the Supreme People's Court on enhancing judicial openness and the report of the Supreme People's Procuratorate on strengthening oversight of investigative activities. We helped improve judicial credibility through our efforts to promote deepened reform of the judicial system, increase judicial openness, and standardize judicial behavior.
研究制定规范性文件备案审查工作规程,推动备案审查工作规范化、制度化。一年来,对 “一府两院” 报备的30多件行政法规、司法解释逐件进行审查,研究处理各方面提出的审查建议92件,对发现的与法律不一致的问题进行监督纠正,维护国家法制统一。We formulated the procedures for recording and reviewing normative documents to standardize and institutionalize this work. Over the past year, we reviewed every one of the 30-plus administrative regulations and judicial interpretations submitted by the State Council, the Supreme People's Court, and the Supreme People's Procuratorate, handling 92 suggestions on the review work from various departments. We conducted oversight to ensure correction of provisions discovered to be inconsistent with the law, so as to safeguard the unity of the country's legal system.

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