NPCSC Session Watch: Public Health Laws, Civil Code & Supervision Law Companion Statute

The Council of Chairpersons decided on Thursday (August 15) to convene the 12th session of the 13th NPC Standing Committee (NPCSC) from August 22 to 26. Per the Council’s recommendation, the session will consider seven legislative bills. A quick rundown follows.

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NPC Calendar: August 2019

The NPC Standing Committee (NPCSC) is soliciting public comments on the following draft laws through August 3, 2019 (except for the draft Encryption Law, whose comments period ends on September 2, 2019):

The 13th NPCSC is expected to convene for its 12th session in late August. The Council of Chairpersons is expected to meet in mid-August 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 Solicits Public Comments on Draft Community Corrections Law, Encryption Law, Two Civil Code Parts & Three Other Bills (UPDATED)

UPDATE (July 5, 2019): The NPC Standing Committee today officially started the public consultation. We have updated the deadlines for comments.

UPDATE (July 4, 2019): The comments period has not officially started. We will update the deadline below once the NPC Standing Committee makes an official announcement to solicit public comments on the following bills. In the interim, the drafts will not be accessible on the NPC’s website.


The NPC Standing Committee is soliciting public comments on the following seven bills through August 3, 2019 (except that the comments period for the draft Encryption Law ends on September 2, 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).

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NPC Observer Seeks Research Assistant

The application for the Research Assistant position has closed.

The National People’s Congress Observer is seeking an undergraduate student or a recent college graduate to join our team as a Research Assistant (RA) starting in fall 2019. The RA will work closely with the Blog’s Manager and will participate in all aspects of the Blog’s coverage of China’s national legislature: the National People’s Congress (NPC) and its Standing Committee (NPCSC).

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NPC Calendar: July 2019

The Vehicle Acquisition Tax Law [车辆购置税法] takes effect on July 1.

The NPC Standing Committee (NPCSC) is expected to solicit public comments on the following draft laws this week:

The NPCSC will convene for its next regularly scheduled session in late August.

July 1 marks the 40th anniversary of the enactment of the Criminal Law [刑法] and the Criminal Procedure Law [刑事诉讼法] (among five other important laws). They were the first batch of laws enacted by the full NPC in the aftermath of the decade-long Cultural Revolution.


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NPCSC Grants Amnesty to Convicts to Mark 70th P.R.C. Founding Anniversary

The NPC Standing Committee (NPCSC) concluded its bimonthly session on Saturday (June 29) with the adoption of the Vaccine Administration Law [疫苗管理法] and a decision granting special amnesty to nine classes of convicts who are currently serving their sentences (custodial or otherwise). Below we will focus on the special amnesty decision.

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

UPDATE (June 27, 2019): The agenda of this month’s NPCSC session shows that the legislature is reviewing a draft decision that would grant special amnesty [特赦] to some prisoners ahead of the 70th anniversary of the founding of the People’s Republic this October. State media has not reported on the details of the amnesty; we thus do not know which prisoners would be eligible or how many prisoners are estimated to be released. We do expect the decision to pass this Saturday and be released on the same day.


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.

Continue reading “NPCSC Session Watch: Marriage, Vaccine, Community Corrections, Encryption & Solid Waste (UPDATED)”

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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