The NPC Standing Committee (NPCSC) held a one-day session on Monday, February 24 and adopted two decisions that we will discuss below. It is worth mentioning that 57 legislators “attended” the session via videoconferencing (113 others showed up in person), and they voted by a show of hands in lieu of the usual electronic voting system.Continue reading “China Postpones 2020 NPC Session “As Appropriate” & Imposes Near-Total Ban on Consuming Wild Animals”
UPDATE (Feb. 18, 2019): We have updated our earlier analysis of the possible new start date of this year’s NPC session.
Editor’s Note: Some wording in this blogpost has been changed since its original publication.
The Council of Chairpersons decided on Monday, February 17 to convene the NPC Standing Committee (NPCSC) for a one-day session on February 24. Two main items would be on the session’s agenda and both relate to the still-ongoing novel coronavirus outbreak.Continue reading “China to Postpone Annual NPC Session and Restrict Wide Animals Trade & Consumption (Updated)”
The 13th NPC Standing Committee (NPCSC) will convene for its 16th session late this month. The Council of Chairpersons is expected to meet in mid-February to decide on the agenda and dates of the session.
The NPCSC will mainly prepare for the 2020 NPC session at its upcoming meeting, including by discussing a draft of its annual work report, but may still review one or two legislative bills. Possible candidates include:
- draft amendment to the Patent Law [专利法];
- draft Law on Governmental Sanctions for Public Employees [公职人员政务处分法]; 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].
The NPCSC may also hear the State Council’s report on its handling of the raging novel coronavirus epidemic that originated in Wuhan.
Were the NPCSC to decide to postpone this year’s NPC session (scheduled to begin on March 5), we expect it to do so at a special session at the beginning of February rather than at the regular session in late February.
As we bid farewell to first decade of the 21st century, we look back today at the National People’s Congress’s and this Observer’s work in 2019.Continue reading “Year in Review: The NPC and the Observer in 2019”
The 13th NPC Standing Committee (NPCSC) concluded its fifteenth session on Saturday, December 28. It approved a batch of bills, most prominently a decision abolishing China’s decades-old extrajudicial detention system against prostitution. We will focus on this decision below, while briefly noting other bills it approved. Because the NPCSC (quite unusually) has yet to release the relevant legislative records, we had limited primary sources to rely upon when writing this post. We intend to update the discussion below when more sources become available.Continue reading “NPCSC Abolishes “Custody & Education” Detention System, Revises Securities Law & Approves Community Corrections Law, Civil Litigation Reform Pilot”
UPDATE (Dec. 17, 2019): It appears that a complete Civil Code has indeed been submitted for review at the NPCSC’s upcoming session. Here is an unofficial but authentic draft (PDF).
The Council of Chairpersons decided on Monday, December 16 to convene the 15th session of the 13th NPC Standing Committee (NPCSC) from December 23 to 28. The NPCSC will review at least 11 legislative bills at its upcoming six-day session. A quick rundown follows.Continue reading “NPCSC Session Watch: Civil Code, Securities Law, Yangtze River Protection, Taiwanese Investments & Export Control (Updated)”
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.Continue reading “Recording & Review Pt. 6: NPCSC Launches Online Platform for Citizens to Request Legality or Constitutionality Review”
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.Continue reading “NPCSC Legislative Affairs Commissions Criticizes Hong Kong Court’s Mask Ban Ruling, Signals Possible NPCSC Intervention”
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:
- third draft of the Civil Code Part on Marriage and Family 民法典婚姻家庭编草案三次审议稿
- second draft of the Community Corrections Law (ENGLISH) 社区矫正法草案二次审议稿
- second draft revision to the Forest Law 森林法修订草案二次审议稿
- draft revision to the Archives Law 档案法修订草案
- draft revision to the Minors Protection Law (ENGLISH) 未成年人保护法修订草案
- draft revision to the Juvenile Delinquency Prevention Law (ENGLISH) 预防未成年人犯罪法修订草案
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.
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:
- draft revision to the Forest Law [森林法];
- draft Community Corrections Law [社区矫正法];
- draft Civil Code Part on Marriage and Family [民法典婚姻家庭编];
- draft Biosecurity Law [生物安全法];
- draft revision to the Minors Protection Law [未成年人保护法];
- draft revision to the Juvenile Delinquency Prevention Law [预防未成年人犯罪法]; and
- draft revision to the Archives Law [档案法].
The NPCSC will meet for its next regularly scheduled session in late December.