The revised Securities Law [证券法] takes effect on March 1.
The 13th NPC Standing Committee (NPCSC) is expected to convene for a special session by mid-March to discuss a draft of its annual work report and other documents to prepare for the NPC’s 2020 annual session. It is also expected to set a new start date for the NPC session.
The 13th NPC is likely to convene for its third annual session in late March. We expect the session’s agenda to include the following:
- Hear and deliberate the Government Work Report;
- Hear and deliberate work reports by the NPCSC, the Supreme People’s Court, and the Supreme People’s Procuratorate;
- Review and approve a report on the execution of the 2019 National Economic and Social Development Plan and on the draft 2020 National Economic and Social Development Plan;
- Approve the 2020 National Economic and Social Development Plan;
- Review and approve a report on the execution of the 2019 Central and Local Budgets and on the draft 2020 Central and Local Budgets;
- Approve the 2020 Central Budget;
- Deliberate the draft Civil Code [民法典].
We also expect the session to retroactively approve the resignation of Feng Zhonghua [冯忠华] as an NPCSC member in June 2019. He has since been appointed a Vice Governor of Hainan. Under Chinese law, an NPCSC member must resign if he is to serve in an administrative organ.
On the day before it opens, the NPC session will convene for a preparatory meeting to select members of the Presidium (which will preside over the session) and to finalize the session’s agenda. The Presidium will then immediately meet to decide on (among other matters) the session’s daily schedule. Shortly thereafter the session is expected to hold its first press conference.
We expect the NPC’s 2020 annual session to last around (maybe slightly longer than) ten days. On the last day, we expect it to approve the Civil Code.
Should the authorities decide not to convene the NPC by the end of March, however, we expect all the preparatory events mentioned above, including the NPCSC’s special session, to be accordingly postponed.
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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) 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)”
UPDATE (Nov. 2, 2019): An unofficial English translation of the Cryptography Law is now available on China Law Translate.
The 13th NPC Standing Committee (NPCSC) concluded its fourteenth session on Saturday, October 26. It adopted a new Cryptography Law [密码法] and three decisions concerning reforms in China’s free trade zones, the State Supervision Commission’s power, and the integration of the Greater Bay Area. Below we will provide a brief summary of each.
Continue reading “NPCSC Passes Cryptography Law, Grants State Supervision Commission Rulemaking Power & Approves New Free Trade Zone Pilots”
The Council of Chairpersons decided on Monday (October 14) to convene the 14th session of the 13th NPC Standing Committee (NPCSC) from October 21 to 26. The NPCSC will consider eight legislative bills plus three draft decisions on important legal issues during the upcoming six-day session. A quick rundown follows.
Continue reading “NPCSC Session Watch: Encryption, Civil Code, Biosecurity, Child Protection & State Supervision Commission Rulemaking”
UPDATE (Sept. 17, 2019): On Tuesday, the NPCSC unanimously approved a decision conferring State honors on 42 individuals: 8 “Medal of the Republic” recipients, 6 “Medal of Friendship” recipients, and 28 recipients of various State honorary titles. In a presidential order dated the same day, Xi Jinping formally conferred the honors on their recipients.
Notable recipients of the Medal of the Republic include Tu Youyou, 2015 Nobel laureate in physiology or medicine; and Yuan Longping, known in China as the “Father of Hybrid Rice.” The recipients of State honorary titles include individuals who have made great contributions to science, art, and education, among other fields, as well as those who are recognized as “heroes” or “role models” for their personal feats. Of note, Tung Chee-hwa, Hong Kong’s first Chief Executive, was given the State honorary title of “Outstanding Contributor to ‘One Country, Two Systems'” [“一国两制”杰出贡献者]. Among the Medal of Friendship recipients are current Cuban leader Raúl Castro and former French Prime Minister Jean-Pierre Raffarin.
Finally, some stats. Just over a quarter (11) of the recipients are female. Among the 36 Chinese citizen recipients, only 7 are ethnic minorities and all but 3 are members of the Communist Party. Ten recipients have been awarded the honors posthumously.
In line with our earlier prediction, the NPC Standing Committee (NPCSC) will convene for a one-day special session on September 17, the Council of Chairpersons decided on Tuesday. The sole item on the special session’s agenda is a draft decision to confer State honors and honorary titles, presumably on this list of 36 nominees, to celebrate the 70th founding anniversary of the People’s Republic. Below we briefly overview the history of China’s State honors system and the current legal scheme. We will update this post once the conferral decision is adopted next week.
Continue reading “Law Explainer: China’s State Medals and State Honorary Titles (UPDATED)”
The 13th NPC Standing Committee (NPCSC) concluded its twelfth session on Monday with the adoption of three legislative bills: a revised Drug Administration Law [药品管理法], an amendment to the Land Management Law [土地管理法], and a new Resource Tax Law [资源税法]. Below we take a look at each.
Continue reading “NPCSC Revamps Drug Law, Overhauls Rural Land Expropriation Rules & Passes Resource Tax Law”
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.
Continue reading “NPCSC Session Watch: Public Health Laws, Civil Code & Supervision Law Companion Statute”