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).Continue reading “NPC Observer Seeks Research Assistant”
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.Continue reading “NPCSC Grants Amnesty to Convicts to Mark 70th P.R.C. Founding Anniversary”
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 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?Continue reading “Recording & Review Pt. 5: “Freedom and Privacy of Correspondence””
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:
- draft Civil Code Part on Marriage and Family [婚姻家庭编] or Part on Inheritance [继承编] or both;
- draft Basic Healthcare and Health Promotion Law [基本医疗卫生与健康促进法];
- draft amendment to the Patent Law [专利法];
- draft amendment to the Land Management Law [土地管理法];
- draft Resource Tax Law [资源税法].
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.Continue reading “NPCSC Releases Five-Year Plan on State Assets Oversight”
The NPC Standing Committee (NPCSC) is soliciting public comments on the following draft laws through May 25:
- draft Civil Code Part on Personality Rights [民法典人格权编];
- draft Civil Code Part on Rights in Rem [民法典物权编];
- draft Vaccine Administration Law [疫苗管理法];
- draft revision to Drug Administration Law [药品管理法];
- draft revision to Securities Law [证券法].
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.
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:
- second draft of the Part on Personality Rights of the Civil Code (English) 民法典人格权编草案二次审议稿
- second draft of the Part on Rights in Rem of the Civil Code 民法典物权编草案二次审议稿
- second draft of the Vaccine Administration Law 疫苗管理法草案二次审议稿
- draft revision to the Drug Administration Law 药品管理法修订草案
- third draft revision to the Securities Law 证券法修订草案三次审议稿
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)”
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.Continue reading “NPCSC Revises Judicial Personnel Laws, Amends Trademark and Unfair Competition Laws”
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.Continue reading “NPCSC Session Watch: Securities Law Revision, Civil Code & Foreign Investment Law Implementation”