China to Overhaul Anti-Corruption System (UPDATED)

Update (Nov. 6, 2017): For more information on the supervision commissions, please see this post. The first draft of the Supervision Law (监察法) is available here.

Nov. 25 Update: As reported by Xinhua, Wang Qishan, who now heads the new Central Leading Group for Pilot Work on Deepening Reform of the State Supervision System, said today that the Party will ask the NPCSC for an authorization before formally proceeding with the pilot projects. He also confirmed that the new supervision commissions will be composed of the soon-to-be-former administrative departments of supervision and corruption prevention, and also of the subdivisions of the procuratorates that investigate official duty crimes. The first step of the pilots, according to Wang, is to transfer those subdivisions from the procuratorates to the supervision commissions. He also hinted that a State Supervision Law will be adopted in the future, and which will most likely replace the current Administrative Supervision Law.

On November 7, as your author observed, the NPCSC removed the head of the Ministry of Supervision but left the position open. News from later that day explained the unusual move: The Communist Party plans to reform the state supervision system (国家监察体制) and has deployed pilot projects in Beijing, Shanxi, and Zhejiang. It seems that the Ministry of Supervision will in a few years become history. Below, this post will introduce the specifics of the reform that have since been made public, and will discuss how the reform will concern the NPC and lower-level people’s congresses.

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NPCSC Solicits Public Opinion on Draft Laws: Nov. 14, 2016 (UPDATED)

Nov. 29 Update: The NPCSC has finally released the PDF versions of these draft laws. All are in Chinese only.

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One Year on: Reform Pilots on Procuratorates Initiating Public Interest Litigation

Last week, the 24th Session of the Standing Committee of the 12th National People’s Congress heard the Supreme People’s Procuratorate’s interim report on the reform pilots on people’s procuratorates initiating public interest litigation. The pilots were authorized by the NPCSC a little over a year ago in July 2015 for a period of two years. The following is an overview of the pilots, followed by a summary of the interim report.

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Quick Note (UPDATED)

Update 2: Per a reader’s suggestion, this Blog has located English translations of both the Interpretation itself and the accompanying Explanations. Both were published by Xinhua. In addition, China Law Translate has posted full translations of the new Cybersecurity Law and Film Industry Promotion Law.

Update 1: Presumably due to the attention the Interpretation has attracted, Xinhua has just released its full text and an accompanying explanation. Both are in Chinese.

The 12th NPCSC has just concluded its 24th Session and passed the Cybersecurity Law, the Film Industry Promotion Law, and amendments to the Marine Environmental Protection Law and to the Private Education Promotion Law. We expect the full texts of these laws to be released later today (Beijing Time).

According to Xinhua, it has also unanimously approved an interpretation of Article 104 of the Hong Kong SAR Basic Law, which will also be released later.

Finally, also according to Xinhua, the NPCSC removed the heads of four State Council ministries: The Ministry of State Security, the Ministry of Civil Affairs, the Ministry of Finance, and the Ministry of Supervision. Interestingly, it apparently appointed only three new ministers; the position of the Minister of Supervision remains vacant. The significance, if any, of the vacancy awaits to be seen.

The NPCSC is now holding a press conference on the bills approved, which you can follow at this link (in Chinese only).

This Blog will cover the press conference and the aforementioned bills in later posts.

24th Session Watch Pt. 3: NPCSC to Interpret the HKSAR Basic Law—Again? (UPDATED)

Update 2: It has been confirmed that the Chairmen’s Council has put the interpretation which it itself proposed on the agenda of the 24th Session. Article 104 of the Basic Law will be interpreted.

Update 1: On Thursday, no news regarding the rumored Basic Law interpretation came out of the NPCSC, which seemed to have followed its usual schedule. However, it just came to your author’s attention that the agenda for this Session contains an item named “Others (其他)”—an apparent placeholder that hasn’t appeared in the agenda of any other 12th NPCSC session. According to the daily schedule, this mysterious item is set to be heard at the plenary meeting on Saturday morning, along with several other reports. We’ll know what “Others” stand for by Saturday night at the latest.

It seems that the 24th Session has just gotten more exciting. Multiple news reports (SCMP and HKPS) that surfaced late Tuesday night cited sources claiming that the NPCSC would on Thursday consider a proposed interpretation of the Basic Law of the Hong Kong Special Administrative Region (Basic Law), in connection with the recent controversial oaths of office taken by two members-elect of Hong Kong’s legislature. If the reports prove to be true, this will then be the NPCSC’s fifth interpretation of the city’s mini-constitution. The following is a primer on this (unconfirmed) interpretation in Q&A format.

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