年全國人民代表大會常務委員會工作報告
全國人民代表大會常務委員會工作報告
Report on the Work of the Standing Committee of the National People’s Congress
——2016年3月9日在第十二屆全國人民代表大會第四次會議上
– Delivered at the Fourth Session of the Twelfth National People’s Congress on March 9, 2016
全國人民代表大會常務委員會委員長 張德江
Zhang Dejiang, Chairman of the Standing Committee of the National People’s Congress
各位代表：
Fellow Deputies,
現在，我受全國人大常委會委託，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 now present to you this 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，在以習近平同志爲總書記的黨中央堅強領導下，全國人大常委會全面貫徹黨的十八大和十八屆三中、四中、五中全會精神，以鄧小平理論、“三個代表”重要思想、科學發展觀爲指導，深入學習貫徹習近平總書記系列重要講話精神，堅持黨的領導、人民當家作主、依法治國有機統一，按照“四個全面”戰略佈局的要求，緊緊圍繞黨和國家工作大局依法行使職權、積極開展工作。一年來，常委會制定5部法律，修改37部法律和1個有關法律問題的決定，決定提請全國人民代表大會審議的法律案1件，通過8個有關法律問題的決定；檢查6部法律實施情況，聽取審議國務院、最高人民法院、最高人民檢察院17個工作報告，開展3次專題詢問和3項專題調研，通過2個決議；審議通過專門委員會關於代表議案審議結果的報告8個、代表資格審查委員會關於個別代表的代表資格的報告6個，決定批准我國與外國締結的條約、協定以及加入的國際公約11件，決定和批准任免一批國家機關工作人員等。十二屆全國人大三次會議確定的常委會各項任務已經完成，常委會各方面工作都取得了新進展、新成效。
In the past year, under the firm leadership of the Central Committee of the Communist Party of China (CPC) headed by General Secretary Xi Jinping, the NPC Standing Committee comprehensively implemented the guiding principles of the 18th National Party Congress and the third, fourth, and fifth plenary sessions of the 18th CPC Central Committee; followed the guidance of Deng Xiaoping Theory, the Theory of Three Represents, and the Scientific Outlook on Development; and fully grasped and put into practice the guiding principles from General Secretary Xi Jinping’s major policy ining committed to integrating leadership by the Party, the position of the people as masters of the country, and the law-based governance of the country, and acting in accordance with the Four-Pronged Comprehensive Strategy, we maintained a tight focus on the overall work of the Party and country as we performed our functions and powers and carried out our work in accordance with the the past year, the Standing Committee enacted five laws, revised 37 laws and one decision on legal issues, resolved to present the draft of the Charity Law to this session of the NPC for deliberation and approval, and passed eight decisions on legal issues. We inspected compliance with six laws; heard and deliberated 17 work reports from the State Council, the Supreme People’s Court, and the Supreme People’s Procuratorate; conducted three inquiries and three research projects; and passed two resolutions. We deliberated and approved eight reports from the NPC’s special committees regarding their examination of deputies’ proposals, as well as six reports from the Credentials Committee pertaining to its review of certain deputies’ qualifications. We ratified 11 treaties and agreements with foreign countries or international conventions that China had concluded, and made decisions on or approved the appointment or removal of a number of officials of state bodies. Making progress and achievements in all aspects of our work, we have accomplished all the tasks set forth at the Third Session of the 12th NPC in 2015.
中國共產黨的領導是中國特色社會主義最本質的特徵，是中國特色社會主義制度的最大優勢。常委會始終把堅持黨的領導貫徹於人大工作的各方面、全過程，堅持黨中央的集中統一領導，自覺在思想上政治上行動上同以習近平同志爲總書記的黨中央保持高度一致；始終堅持正確政治方向，統籌安排和推進人大立法、監督、決定、任免、代表、對外交往、新聞宣傳以及理論研究、聯繫指導地方人大等各項工作和活動，保證黨的路線方針政策和決策部署在國家工作中得到全面貫徹和有效執行，保證黨通過國家政權機關實施對國家和社會的領導。
Leadership by the Party is the essential feature of socialism with Chinese characteristics, as well as its greatest strength. We have incorporated the leadership of the Party into every process and aspect of the NPC’s work, upheld the centralized, unified leadership of the CPC Central Committee, and ensured that our thinking, actions, and politics all maintain a high degree of unity with the Central Committee headed by General Secretary Xi Jinping. In coordinating the NPC’s initiatives and activities concerning legislation, oversight, decision making, personnel appointments and dismissals, deputies, foreign relations, information and publicity, theoretical research, and contact with and guidance over local people’s congresses, we have maintained the right political direction and worked to ensure that the Party’s line, principles, policies, decisions, and plans are fully and effectively implemented in the work of the state, and that the Party can exercise leadership over the state and society through the organs of political power.
一、重點領域立法邁出新步伐
1. We made new strides in key areas of legislation.
法律是治國之重器，良法是善治之前提。常委會抓住提高立法質量這個關鍵，着力推進重點領域立法，立法工作呈現出數量多、分量重、節奏快的特點，取得了一批新的重要成果，支持和推動了改革發展穩定。
The law is of great value in the governance of a country, and good laws are a prerequisite for good governance. Focusing on the key task of raising the quality of legislation, we channeled great effort into advancing legislation in key areas. Large in number, considerable in weight, and rapid in pace, our initiatives in legislation led to a number of important achievements that have supported and promoted the country’s reform and development and ensured its stability.
（一）加強國家安全領域相關立法。國家安全法是國家安全領域的綜合性、全局性、基礎性法律，在構建國家安全法律制度體系中起着統領作用。常委會貫徹黨中央關於加快國家安全法治建設的總體部署，把制定國家安全法擺在突出位置，經過三次審議通過了國家安全法。這部重要法律，堅持總體國家安全觀，從中國國情和實際出發，科學界定國家安全的內涵，明確規定了國家安全工作的指導思想、領導體制、基本原則、主要任務和保障措施等，爲加快構建國家安全體系、走中國特色國家安全道路夯實了法律基礎。
1) Legislation on national security was National Security Law represents a comprehensive, overarching, and fundamental law in the field of national security, playing a central role in the establishment of a system of national security laws. Acting in line with the Party Central Committee’s overall plan for accelerating the development of rule of law in China’s national security efforts, the Standing Committee gave high priority to the enactment of a national security law which was passed after three deliberations. As an important piece of legislation, the National Security Law embodies an integrative approach to national security, and defines national security in the context of China’s conditions and realities. It sets out express provisions regarding the guiding notions, leadership system, basic principles, major tasks, and safeguard measures of China’s security initiatives, thus laying a solid legal foundation for accelerating the establishment of a national security system and taking a distinctly Chinese approach to national security.
反恐怖鬥爭事關國家安全、事關人民切身利益、事關改革發展穩定全局，在當前國際國內反恐怖形勢嚴峻複雜的背景下，加強反恐怖主義工作尤爲重要。常委會於2015年12月通過反恐怖主義法，確定了我國反恐怖主義工作的基本原則，健全了工作體制機制，強化了安全防範、應對處置、國際合作和保障措施。在常委會通過的刑法修正案（九）中，將五種恐怖相關活動列入刑事追責範圍，加大了對恐怖主義、極端主義犯罪的懲治力度。完善反恐怖主義相關法律，對於依法防範和懲治恐怖活動，維護國家安全、公共安全和人民生命財產安全，具有重要意義。
The fight against terrorism has an important bearing on China’s national security, on the people’s immediate interests, and on the country’s reform, development, and stability. In the face of a grave and complex situation in the fight against terrorism both at home and abroad, it is of crucial importance that China intensifies its anti-terrorism initiatives. With this in mind, the Standing Committee adopted the Anti-Terrorism Law in December 2015, through which we have defined the basic principles of China’s anti-terrorism initiatives, improved working systems and mechanisms in this regard, and stepped up anti-terrorism efforts with regard to preventive safety measures, emergency response, international cooperation, and supporting measures. Meanwhile, Amendment IX to the Criminal Law, passed by the Standing Committee, imposed criminal sanctions against five types of terrorism-related activities and introduced harsher punishments for crimes involving terrorism and extremism. The improvements to our counter-terrorism laws will be of great importance for preventing and punishing terrorist activities according to law, for safeguarding national and public security, and for protecting people’s lives and property.
（二）推進民生領域立法。堅持以民爲本、立法爲民是做好新形勢下立法工作必須遵循的重要原則。針對社會反映強烈的霧霾頻發、污染嚴重等大氣環境問題，常委會在持續加強監督工作的同時積極推進相關法律的修改完善工作，對大氣污染防治法作出全面修訂。這次修訂，從強化政府、企業、社會防治責任，完善大氣污染防治標準、污染排放總量控制和排污許可制度，加大燃煤、工業、機動車船、揚塵、農業等領域污染防治力度，健全重點區域聯防聯控、重污染天氣應對機制等方面，對這部法律作了重要修改完善，條文由原來的66條增加至129條，使法律的針對性、可操作性和可執行性明顯增強。
2) Legislation pertaining to people’s wellbeing was pushed ing the people first in legislation and making legislation for them is an important principle that we must uphold in our legislative work under present circumstances. In response to strong public complaints about serious air pollution such as the frequent occurrence of smog, the Standing Committee worked energetically to revise and improve relevant laws while continuing to strengthen oversight. In particular, we made comprehensive revisions to the Air Pollution Prevention and Control Law in an effort to make the law significantly more targeted, practicable, and enforceable. Increasing the number of articles from 66 to 129, we made significant modifications and improvements to the law with a view to strengthening the obligations of the government, enterprises, and individual members of society in the prevention and control of air pollution. By upgrading prevention and control standards, tightening total emissions control, and improving the emissions permit system, the revised law enhanced the prevention and control of pollution from coal burning, industry, vehicle and vessel exhaust emissions, wind-borne dust, and agriculture. It also refined systems for coordinating intra-regional prevention and control efforts in key regions and for responding to heavy air pollution.
老百姓吃得放心才能舒心。爲了建立最嚴格的、覆蓋全過程的食品安全監管制度，針對食品安全領域存在的突出問題，常委會及時修訂了食品安全法。這次修訂，突出預防爲主、風險防範，進一步完善食品安全風險監測、評估和安全標準等基礎性制度，實施食品生產、流通、餐飲服務全過程監管，強化對違法生產經營、監管失職瀆職等行爲的法律責任追究，建立包括有獎舉報、信息發佈、責任保險等在內的食品安全社會共治體系，動員全社會力量依法嚴守“舌尖上的安全”。
The people will not be content until they have confidence in the safety of the food they are eating. In a bid to establish the strictest possible oversight and supervision system for food safety, one that covers the whole process from production to consumption, the Standing Committee took prompt steps to revise the Food Safety Law, taking particular aim at prominent food safety problems. With an emphasis on preventing and reducing safety risks, the revised law has improved basic systems pertaining to safety standards and the monitoring and assessment of safety risks. It brings the whole process from food production and distribution to catering under supervision, and tightens legal penalties for the unlawful production and sale of food and for neglect and dereliction of food safety supervision duties. It also prescribes the establishment of a society-wide co-governance system for food safety that comprises the provision of rewards for reporting food safety problems, the release of food safety information, and the introduction of a food safety liability insurance, so that every member of society is encouraged to lawfully ensure that every bite of food is safe.
反對家庭暴力是社會文明進步的重要體現，是維護家庭和諧、社會穩定的必然要求。習近平主席2015年9月在全球婦女峯會上明確提出：“我們要努力消除一切形式針對婦女的暴力，包括家庭暴力。”常委會制定的反家庭暴力法，強調反家庭暴力是國家、社會和每個家庭的共同責任，明確了家庭暴力的預防和處置機制措施，創設了人身安全保護令等制度，爲推動解決婦女、未成年人等羣體遭受家庭暴力問題，維護平等和睦文明的家庭關係，提供了更加完善的法律保障。
Opposition to domestic violence is an important indicator of social progress, and an essential requirement for harmonious families and a stable society. In September 2015, at the Global Leaders’ Meeting on Gender Equality and Women’s Empowerment, President Xi Jinping stated, “We will strive to eliminate all forms of violence against women, including domestic abuse.” The Anti-Domestic Violence Law formulated by the Standing Committee emphasizes that the prevention of domestic violence is the shared responsibility of the state, society, and each family. The law has not only stipulated mechanisms and measures for preventing and dealing with domestic abuse, but has also introduced a system of restraining orders to protect the victims of family violence, thereby providing a stronger legal guarantee for preventing domestic violence against women, minors, and other groups and preserving equal, harmonious, and amiable family relations.
及時修改人口與計劃生育法。貫徹黨的十八屆五中全會關於“全面實施一對夫婦可生育兩個孩子政策”的決策部署，常委會作出關於修改人口與計劃生育法的決定，自2016年1月1日起實施“全面兩孩”政策。修改後的法律明確規定：國家提倡一對夫妻生育兩個子女；在國家提倡一對夫妻生育一個子女期間，自願終身只生育一個子女的夫妻，國家發給《獨生子女父母光榮證》；獲得《獨生子女父母光榮證》的夫妻，按照規定享受獎勵、獲得扶助。這次修改，是適應我國人口發展出現的重大轉折性變化，對生育政策作出的重大調整。這對於促進我國人口均衡發展將產生廣泛而深遠的影響。
We also made timely changes to the Population and Family Planning Law. In order to put into effect the decision made at the Fifth Plenary Session of the 18th CPC Central Committee to comprehensively implement a policy of allowing all couples to have two children, the Standing Committee issued a decision on revising the Population and Family Planning Law, implementing a universal two-child policy as of January 1, 2016. The revised law explicitly stipulates that all couples are allowed to have two children. Those couples who had observed the previous one-child policy and are still willing to have only one child in their lifetime shall be eligible for a certificate of honor, which entitles them to benefits and assistance as stipulated. As a response to the major demographic shift that has taken place in China, the revision of the Population and Family Planning Law represents a major change to China’s birth policy, and is a move that will have far-reaching effects on our efforts to promote the balanced development of China’s population.
（三）完善刑事法律制度。常委會貫徹落實黨中央關於深化司法改革的精神，適應刑事司法工作新形勢新要求，審議通過了刑法修正案（九），共52條，對刑法作出較大幅度的修改完善。主要是取消9個較少適用的死刑罪名；完善懲治貪污受賄犯罪法律制度，針對特定情形規定了終身監禁、不得減刑或者假釋；加大對網絡犯罪的懲治力度，加強對婦女、未成年人、老年人等人身權利的刑法保護；將擾亂法庭秩序、組織考試作弊、組織資助非法聚集、編造和故意傳播虛假信息等行爲明確規定爲犯罪；取消嫖宿幼女罪名，對此類行爲適用刑法關於姦淫幼女的，以強姦論、從重處罰的規定。
3) The criminal law system was a view to implementing the guidelines on deepening judicial reform issued by the CPC Central Committee, and in an effort to adapt to new circumstances and requirements pertaining to criminal justice, the Standing Committee deliberated and passed the 52-article Amendment IX to the Criminal Law, making considerable revisions and improvements to the law. The revisions mainly involve abolishing capital punishment for nine crimes that rarely saw the sentence applied; improving legal regulations for punishing embezzlement and bribery, with a paragraph stipulating the applicability of life imprisonment and inapplicability of commutation or parole for a specific circumstance; imposing heavier punishments on cybercrime; strengthening protection of the rights of the person for women, minors, and the elderly; making it a crime to disrupt courtroom order, organize cheating in examinations, organize or fund illegal assemblies, or fabricate or purposefully disseminate false information; and repealing the crime of having paid sex with a girl under the age of 14,instead treating such an act as a case of rape in which stringency should be shown under the relevant stipulations of the Criminal Law.
（四）統籌做好各方面立法工作。立法權是全國人民代表大會的一項重要職權。常委會認真做好大會審議法律案的前期準備工作，繼去年提出立法法修正案草案之後，今年又提出慈善法草案。內務司法委員會牽頭起草了慈善法草案，常委會對草案進行了兩次審議，並兩次向社會公開徵求意見，經認真修改後提請本次會議審議。此外，常委會還制定了深海海底區域資源勘探開發法，修改了廣告法、種子法、促進科技成果轉化法、教育法、高等教育法；審議了境外非政府組織管理法、網絡安全法、證券法（修訂）、資產評估法、民辦教育促進法（修正）、野生動物保護法（修訂）、電影產業促進法、中醫藥法等法律草案。
4) Legislative work in other areas was legislative power represents one of the most important functions and powers of the NPC. Following its submission of the draft revisions of the Legislation Law to the Third Session of the 12th NPC for deliberation in 2015, this year the Standing Committee has submitted the draft of the Charity Law to this session for deliberation on the basis of thorough preparations. The drafting of the law was overseen by the Internal and Judicial Affairs Committee. The Standing Committee has deliberated the draft twice, solicited comments from the public on two separate occasions, and made careful revisions accordingly before submitting it to this session for addition, the Standing Committee formulated the Law on the Exploration and Development of Deep Seafloor Resources; revised the Advertising Law, the Seed Law, the Law on Promoting the Application of Scientific and Technological Advances, the Education Law, and the Higher Education Law; and deliberated draft legislation including a law on the management of international NGOs in China, a cyber-security law, a revision of the Securities Law, an asset evaluation law, amendments to the Law on the Promotion of Privately-Run Schools, a revision of the Wildlife Protection Law, a film industry promotion law, and a law on traditional Chinese medicine.
常委會在立法工作中高度重視、深入推進科學立法、民主立法，完善立法體制機制，增強立法工作的系統性、及時性、針對性、有效性。
Attaching high priority to and acting in line with the concept of effective and democratic legislation, the Standing Committee engaged in vigorous efforts to refine legislative mechanisms and systems with a view to making our legislative work more systemic, timely, targeted, and t, with the approval of the CPC Central Committee, adjustments were made to the five-year legislative plan of the current Standing Committee, principally to include into the plan legislative items pertaining to the coordinated implementation of the Four-Pronged Comprehensive Strategy.
一是經黨中央批准，調整本屆常委會五年立法規劃，主要是圍繞協調推進“四個全面”戰略佈局，將相關的立法項目增加列入立法規劃，一類、二類立法項目從原來的68件增至102件。
As a result, the total number of legislative items in category I (draft legislation ready for deliberation by the Standing Committee) and category II (draft legislation soon to be ready for deliberation by the Standing Committee) increased from 68 to 102.
二是加強立法調研和評估，就大氣污染防治法、國家安全法、反恐怖主義法、廣告法等法律草案中涉及的重點難點問題進行專題論證。
Second, we intensified the research and evaluation of legislative items, and carried out dedicated deliberations on key points and difficulties in the drafts of the National Security Law and the Anti-Terrorism Law as well as in the draft revisions of the Air Pollution Prevention and Control Law and the Advertising Law.
三是發揮人大代表作用，健全法律草案徵求代表意見制度，邀請代表參與立法論證、調研、審議等工作。
Third, giving full play to the role of NPC deputies, we improved mechanisms for soliciting their opinions on draft laws and invited them to participate in the debate, research, and deliberation process.
四是拓寬公民有序參與立法途徑，制定《向社會公佈法律草案徵求意見工作規範》，明確常委會會議初次審議和再次審議的法律草案都應當及時向社會公佈。反家庭暴力法草案向社會公開後，收到社會各方面提出的意見建議4萬多條。建立健全立法專家顧問制度，完善立法決策諮詢機制。
Fourth, in a bid to broaden channels for the systematic participation of citizens in the legislative process, we formulated the Procedures for Releasing Drafts of Laws for Public Comments, according to which the drafts of laws for the first and second deliberations of the Standing Committee should both be promptly made available to the public. After the draft of the Anti-Domestic Violence Law was released, for example, we received more than 40,000 comments and suggestions from all sectors of society. We also put in place a sound system whereby specialists are appointed as legislative advisors, thereby further improving our consultation system for legislative decision making.
五是積極迴應人大代表、政協委員和社會各方面的關切，在有關法律起草、審議、修改工作中認真研究並積極吸納各方面提出的意見建議。
Fifth, we actively responded to the concerns of NPC deputies, members of the National Committee of the Chinese People’s Political Consultative Conference (CPPCC), and people from all sectors of society, studying and incorporating where possible the comments and suggestions of all sides into the relevant laws as they were drafted, deliberated, or revised.
六是建立基層立法聯繫點制度，發揮其直接聽取基層幹部羣衆意見、接地氣的“直通車”作用。
Sixth, we established a system of staying connected with local communities on legislative issues, making full use of the role of this system in directly soliciting the legislation-related views of the general public and officials at the community level.
