Recording & Review Pt. 6: NPCSC Launches Online Platform for Citizens to Request Legality or Constitutionality Review

If you were looking to read another case in which the Legislative Affairs Commission (LAC) of the NPC Standing Committee (NPCSC) reviewed the legality or constitutionality of a regulation or a judicial interpretation, you will be disappointed. But in this new installment of our Recording & Review series, we will introduce a new development in the NPCSC’s review of sub-statutory legal documents that is no less important than any substantive action by the NPCSC.

On December 4, the NPCSC officially launched a new online platform for citizens, legal persons, and other organizations to submit requests for review. Previously, they must mail their suggestions to the LAC’s Office for Recording and Reviewing Regulations [法规备案审查室]. We tested the new platform and felt that it is relatively easy to use, though not without several significant limitations. Below we will offer a brief tour of the platform (with screenshots), after a quick introduction of the review process.

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NPC Calendar: December 2019

The Vaccine Administration Law [疫苗管理法], the revised Drug Administration Law [药品管理法], and a decision of the NPC Standing Committee (NPCSC) approving a three-year pilot program in China’s free trade zones (discussed here) take effect on December 1.

The 13th NPCSC is expected to convene for its 15th session in late December. The Council of Chairpersons is expected to meet in mid-December to decide on the agenda and dates of the session.

We expect the session to review a draft Civil Code [民法典] and a draft Urban Maintenance and Construction Tax Law [城市维护建设税法]. The draft amendment to the Patent Law [专利法] and draft revision to the Law on the Prevention and Control of Environmental Pollution by Solid Waste [固体废物污染环境防治法] are likely to return for further review. The session may additionally consider the following bills:

We also expect the session to review the NPCSC Legislative Affairs Commission’s report on its recording-and-review work in 2019 and to adopt a decision convening the NPC’s annual session in 2020.

December 26 marks the 30th anniversary of the passage and entry into force of the Environmental Protection Law [环境保护法].

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NPCSC Legislative Affairs Commissions Criticizes Hong Kong Court’s Mask Ban Ruling, Signals Possible NPCSC Intervention

To not bury the lede, we start by noting that the Legislative Affairs Commission of the NPC Standing Committee (NPCSC) issued a statement (Xinhua’s English report) today (November 19) criticizing a Hong Kong court’s ruling yesterday that partially invalidated a Hong Kong statute for violating the Hong Kong Basic Law, the city’s mini-constitution. The statement suggested that the NPCSC, with the ultimate authority over the interpretation of the Basic Law (see art. 158), might decide to adopt a contrary interpretation. We more fully explain the relevant events and legal arguments below.

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NPCSC Solicits Public Comments on Civil Code Marriage Part, Draft Community Corrections Law, Draft Revisions to Child Protection Laws & Two Other Bills (Updated)

UPDATE (Nov. 5, 2019): This post has been updated with a link to our guide to navigating the NPCSC’s new online public comments system.

UPDATE (Nov. 4, 2019): This post has been updated with links to unofficial English translations of the draft Community Corrections Law and of the draft revisions to the Minors Protection Law and the Juvenile Delinquency Prevention Law.

The NPC Standing Committee (NPCSC) is soliciting public comments on the following six bills through November 29, 2019:

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

The NPCSC also reviewed a draft Biosecurity Law [生物安全法] at its latest session, but did not also release this bill for public comments. It is unclear whether and when it will do so.

To submit comments online, please refer to this guide. The “Occupations” dropdown menus for the draft revisions to the Minors Protection Law and the Juvenile Delinquency Prevention Law include these options: “minors” [未成年人]; “minors’ parents or other guardians” [未成年人的父母或者其他监护人]; “professional social workers” [专业社工]; “teachers” [教师]; “lawyers” [律师]; “employees of villagers’ committees or urban residents’ committees, or community workers” [村委会、居委会或者社区工作人员]; “employees of governmental organs” [政府机关工作人员]; “judges” [法官]; “procurators” [检察官]; and “employees of mass organizations” [群团组织工作人员]. The dropdown menus inexplicably do not include an “other” option.

Comments can also be mailed to the NPCSC Legislative Affairs Commission [全国人大常委会法制工作委员会] at the following address:

Chinese: 北京市西城区前门西大街1号 邮编: 100805
English: No. 1 West Qianmen Avenue, Xicheng District, Beijing 100805

Please clearly write “[BILL NAME IN CHINESE]征求意见” on the envelope.

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NPC Calendar: November 2019

The amendment to the Trademark Law [商标法] takes effect on November 1.

The NPC Standing Committee (NPCSC) is expected to solicit public comments on the following bills early this month:

The NPCSC will meet for its next regularly scheduled session in late December.

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NPCSC Passes Cryptography Law, Grants State Supervision Commission Rulemaking Power & Approves New Free Trade Zone Pilots

UPDATE (Nov. 2, 2019): An unofficial English translation of the Cryptography Law is now available on China Law Translate.

The 13th NPC Standing Committee (NPCSC) concluded its fourteenth session on Saturday, October 26. It adopted a new Cryptography Law [密码法] and three decisions concerning reforms in China’s free trade zones, the State Supervision Commission’s power, and the integration of the Greater Bay Area. Below we will provide a brief summary of each.

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NPCSC Session Watch: Encryption, Civil Code, Biosecurity, Child Protection & State Supervision Commission Rulemaking

The Council of Chairpersons decided on Monday (October 14) to convene the 14th session of the 13th NPC Standing Committee (NPCSC) from October 21 to 26. The NPCSC will consider eight legislative bills plus three draft decisions on important legal issues during the upcoming six-day session. A quick rundown follows.

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NPCSC Seeks Public Comments on Proposed Disciplinary Rules for Public Employees

The NPC Standing Committee is soliciting public comments on the first draft of the Law on Governmental Sanctions for Public Employees [公职人员政务处分法] through November 6, 2019.

The linked file is a PDF document in Chinese. An English translation is now available on China Law Translate. The accompanying explanation of the draft can be read here (PDF).

To submit comments online, please refer to these instructions. Comments can also be mailed to the NPCSC Legislative Affairs Commission [全国人大常委会法制工作委员会] at the following address:

Chinese: 北京市西城区前门西大街1号 邮编: 100805
English: No. 1 West Qianmen Avenue, Xicheng District, Beijing 100805

Please clearly write “公职人员政务处分法草案征求意见” on the envelope.

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NPC Calendar: October 2019

The revised People’s Courts Organic Law [人民法院组织法] and revised People’s Procuratorates Organic Law [人民检察院组织法] take effect on October 1.

The Communist Party’s 19th Central Committee will convene for its fourth plenum sometime this month to discuss issues on “upholding and improving the socialist system with Chinese characteristics and advancing the modernization of China’s system and capacity for governance.” We will cover the plenum’s expected decision on these issues to the extent it has implications for the NPC.

The 13th NPC Standing Committee (NPCSC) is expected to convene for its 14th session in late October. The Council of Chairpersons is expected to meet in mid-October to decide on the agenda and dates of the session.

The draft amendment to the Patent Law [专利法] is likely to return for further review. The draft Basic Healthcare and Health Promotion Law [基本医疗卫生与健康促进法] and draft Encryption Law [密码法] will probably also return for further review. The upcoming NPCSC session may additionally consider the following bills:

  • draft Criminal Law Amendment (XI) [刑法修正案（十一）];
  • draft revision to the Minors Protection Law [未成年人保护法]; and
  • draft revision to the Law on the Prevention of Juvenile Delinquency [预防未成年人犯罪法].

October 31 marks the 30th anniversary of the passage and entry into force of the Assembles, Processions, and Demonstrations Law [集会游行示威法]—the immediate legislative response to the 1989 Tiananmen Square protests.

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Law Explainer: China’s State Medals and State Honorary Titles (UPDATED)

UPDATE (Sept. 17, 2019): On Tuesday, the NPCSC unanimously approved a decision conferring State honors on 42 individuals: 8 “Medal of the Republic” recipients, 6 “Medal of Friendship” recipients, and 28 recipients of various State honorary titles. In a presidential order dated the same day, Xi Jinping formally conferred the honors on their recipients.

Notable recipients of the Medal of the Republic include Tu Youyou, 2015 Nobel laureate in physiology or medicine; and Yuan Longping, known in China as the “Father of Hybrid Rice.” The recipients of State honorary titles include individuals who have made great contributions to science, art, and education, among other fields, as well as those who are recognized as “heroes” or “role models” for their personal feats. Of note, Tung Chee-hwa, Hong Kong’s first Chief Executive, was given the State honorary title of “Outstanding Contributor to ‘One Country, Two Systems'” [“一国两制”杰出贡献者]. Among the Medal of Friendship recipients are current Cuban leader Raúl Castro and former French Prime Minister Jean-Pierre Raffarin.

Finally, some stats. Just over a quarter (11) of the recipients are female. Among the 36 Chinese citizen recipients, only 7 are ethnic minorities and all but 3 are members of the Communist Party. Ten recipients have been awarded the honors posthumously.

In line with our earlier prediction, the NPC Standing Committee (NPCSC) will convene for a one-day special session on September 17, the Council of Chairpersons decided on Tuesday. The sole item on the special session’s agenda is a draft decision to confer State honors and honorary titles, presumably on this list of 36 nominees, to celebrate the 70th founding anniversary of the People’s Republic. Below we briefly overview the history of China’s State honors system and the current legal scheme. We will update this post once the conferral decision is adopted next week.

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