NPCSC Session Watch: Marriage, Vaccine, Community Corrections, Encryption & Solid Waste

The Council of Chairpersons decided on Monday (June 17) to convene the 11th session of the 13th NPC Standing (NPCSC) from June 25 to 29. Per the Council’s recommendation, the session will consider eight legislative bills. A quick rundown follows.

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Recording & Review Pt. 5: “Freedom and Privacy of Correspondence”

Recording & Review is a series that discusses cases where the Legislative Affairs Commission of the NPC Standing Committee (NPCSC) reviews the legality and/or constitutionality of various types of normative documents, including local regulations and judicial interpretations. Past installments can be found here.


An institute affiliated with China’s top court reported in 2017 that using cellphones while driving was one of the main causes of traffic accidents in China. Between 2012 and mid-2017, says the report, distracted driving caused about 11% of all traffic accidents that led to civil lawsuits, even though such behavior had been outlawed since at least 2004. Enforcement is lacking, however, because distracted driving is relatively hard to detect (even with China’s ubiquitous surveillance cameras).

To combat this problem, several provinces decided to lend the police a hand. They passed what we call “phone-search provisions”: regulations that allow the police to inspect the communication records of motorists involved in accidents. Those records could provide the definitive proof of whether a driver was using cellphone just before an accident, thereby helping the police determine the liability of each party and punish the cellphone use itself.

Granting the police such authority seems like a sensible enough policy. But is it legal?

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NPC Calendar: June 2019

The revised Civil Servants Law [公务员法] takes effect on June 1.

The 13th NPC Standing Committee is expected to convene for its 11th session in late June. The Council of Chairpersons is expected to meet in mid-June to decide on the agenda and dates of the session.

The following legislative bills are likely to return for further review:


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NPCSC Releases Five-Year Plan on State Assets Oversight

On Wednesday, May 22, the NPC Standing Committee (NPCSC) released its first-ever five-year plan on overseeing the State Council’s management of state assets [贯彻落实《中共中央关于建立国务院向全国人大常委会报告国有资产管理情况制度的意见》五年规划(2018-2022)] (Plan). This Plan implements the Communist Party Central Committee’s December 2017 opinion on establishing a system where the State Council reports to the NPCSC on its management of state assets [关于建立国务院向全国人大常委会报告国有资产管理情况制度的意见] (Opinion). This post summarizes the main contents of these two documents.

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NPC Calendar: May 2019

The NPC Standing Committee (NPCSC) is soliciting public comments on the following draft laws through May 25:

We expect the NPCSC to release its 2019 legislative and oversight plans in early May. It will convene for its next regularly scheduled session in late June.


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NPCSC Solicits Public Comments on Draft Securities Law Revision, Civil Code Parts on Property and Personality Rights & Drug and Vaccine Laws (UPDATED)

UPDATE (Apr. 29, 2019): China Law Translate’s translation of the Civil Code Part of Personality Rights is linked below.


The NPC Standing Committee is soliciting public comments on the following draft laws through May 25, 2019:

All linked files are PDF documents in Chinese. English translations will be linked to if and when available. The accompanying explanations of these drafts can be read here (PDF).

Continue reading “NPCSC Solicits Public Comments on Draft Securities Law Revision, Civil Code Parts on Property and Personality Rights & Drug and Vaccine Laws (UPDATED)”

NPCSC Revises Judicial Personnel Laws, Amends Trademark and Unfair Competition Laws

The 13th NPC Standing Committee (NPCSC) concluded its 10th session on Tuesday. It adopted comprehensive changes to the two laws governing judges and procurators and approved relatively minor amendments to eight other laws, three of which aim to enhance intellectual property protections. Below we summarize each in turn.

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NPCSC Session Watch: Securities Law Revision, Civil Code & Foreign Investment Law Implementation

The Council of Chairpersons met last Friday and decided to convene the 10th session of the 13th NPC Standing Committee (NPCSC) from April 20 to 23. The Council also approved the NPCSC’s 2019 legislative and oversight plans, which we expect to be released after the session. Per the Council’s decision, the NPCSC this month will review eight legislative bills. Below we take a brief look at each.

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NPC Calendar: April 2019

April 4 marks the 30th anniversary of the passage of the Administrative Litigation Law [行政诉讼法]—a landmark event in modern Chinese law.

The 13th NPC Standing Committee (NPCSC) is expected to convene for its 10th session in late April. The Council of Chairpersons* is expected to meet in mid-April to decide on the agenda and dates of the session as well as approve the NPCSC’s 2019 legislative and oversight plans. We expect both plans to be released after the upcoming NPCSC session concludes.

We expect the session to review for the third time a draft revision to the Securities Law [证券法], after having done so in April 2017 and April 2015. Based on the China Securities Regulatory Commission’s 2019 legislative plan, it is possible that a draft revision to the Company Law [公司法] and a draft Criminal Law Amendment (XI) [刑法修正案(十一)] would be considered together with the draft Securities Law revision.

The following legislative bills are likely to return for further review:


* We have previously translated 委员长会议 as “Council of Chairmen,” in line with the official English translation of China’s Constitution. But recently the Council has been given a gender-neutral translation, according to the NPC’s English website. We will make the same change, starting with this blog post.


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2019 NPC Session: Documents List

The 2nd Session of the 13th NPC concluded on Friday, March 15, after having approved all reports and bills submitted to it for consideration. As usual, here is a list of all official documents from this Session.

Unless otherwise noted, all documents are available in Chinese only.

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