NPCSC Grants Broader Legislative Powers to Shanghai & Hainan, Widens Scope of Public Interest Litigation by Procuratorates

The NPC Standing Committee (NPCSC) concluded another busy session on Thursday, June 10 with the adoption of eight bills. Two of them—the Anti–Foreign Sanctions Law [反外国制裁法] and the Data Security Law [数据安全法]—have already received worldwide attention and are sure to generate additional commentary in the days and weeks to come. Rather than adding duplicative coverage (beyond our Twitter thread on the sanctions law), we will try something new in this post-session recap. We will steer clear of the two blockbuster bills and will instead focus on two themes found in last week’s other legislation that may have escaped your attention.

Continue reading “NPCSC Grants Broader Legislative Powers to Shanghai & Hainan, Widens Scope of Public Interest Litigation by Procuratorates”

NPCSC Seeks Public Comments on Draft Legal Aid Law, Physicians Law, Vocational Education Law Revision & Audit Law Amendment

The NPC Standing Committee (NPCSC) is soliciting public comments on the following four bills through July 9, 2021:

Draft NameChinese TextExplanatory Document
Legal Aid Law (2nd Draft)
法律援助法草案二次审议稿
PDFPDF
Physicians Law (2nd Draft)
(i.e., revision to the Licensed Physicians Law)
医师法草案二次审议稿
PDFPDF
Vocational Education Law (Draft Revision)
职业教育法修订草案
PDFPDF
Audit Law (Draft Amendment)
审计法修正草案
PDFPDF

English translations will be provided if and when available. All explanatory documents are in Chinese.

To submit comments online, please refer to this guide. 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:

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

Please clearly write “<Draft Name in Chinese>征求意见” on the envelope.

Recording & Review: Removing the Vestiges of the One-Child Policy

China’s former one-child policy was “one of the most draconian examples of government social engineering ever seen.”[1] The policy was formally launched nationwide in 1980. In just a few years, however, central authorities decided to “open small holes” by allowing more couples to have a second child, after encountering difficulties in enforcing a uniform birth-control policy nationwide and a backlash against abusive enforcement measures, such as forced sterilizations.[2]

The provinces were tasked with implementing that partial relaxation of the one-child policy. All provincial legislatures (except those of Xinjiang and Tibet) had adopted provincial birth-control legislation by the early 1990s.[3] (Xinjiang eventually did so in 2002; Tibet still has not acted.) Such legislation translates the policy into concrete terms, specifying, among other things, exceptions to the one-child-per-couple rule[4] and the penalties for above-quota births. Couples who exceed birth limits would face not only hefty fines called “social upbringing fees” [社会抚养费], but also discipline at work—including mandatory termination in a number of provinces.

Continue reading “Recording & Review: Removing the Vestiges of the One-Child Policy”