On Friday, the 13th NPC Standing Committee (NPCSC) held a Legislative Work Conference and released its five-year legislative plan, which we translated in full below. We will start first with a brief introduction to the NPCSC’s five-year legislative plans in general and an overview of the newest plan.
UPDATE (May 11, 2018): The link to an English translation of the draft amendment is added below.
The NPC Standing Committee (NPCSC) is soliciting public comments on a new draft amendment to the Criminal Procedure Law (刑事诉讼法) that it just considered at its session last month. The comments period ends on June 7, 2018. We expect the amendment to pass by late August at the latest.
NOTE to readers (July 20, 2018): An organizational chart of the reorganized State Council can be found here.
NOTE to readers (Mar. 21, 2018): The Communist Party on March 21 released the Plan to Deepen Reform of Party and State Institutions, the section of which concerning the State Council is summarized in this post. While some other parts of the plan also made changes to the State Council’s organizational structure, these changes are NOT reflected in the summary.
UPDATE (Mar. 17, 2018): The NPC has approved the State Council Institutional Reform Plan of 2018. We have accordingly updated our summary.
Details of the eighth round of State Council reorganization in the “Reform and Opening up” era were revealed to the delegates attending the ongoing 1st Session of the 13th NPC on Tuesday. Previous rounds took place in 1982, 1988, 1993, 1998, 2003, 2008, and 2013. In this post, we present our own summary of the 2018 State Council Institutional Reform Plan (国务院机构改革方案), along with information that we think would help our readers better understand the Plan. The NPC is scheduled to approve the Plan on Saturday (March 17).
Announcement of the National People’s Congress of the People’s Republic of China
The Amendment to the Constitution of the People’s Republic of China has been adopted by the 1st Session of the 13th National People’s Congress of the People’s Republic of China on March 11, 2018 and is hereby promulgated to take effect.
Presidium of the 1st Session of the 13th National People’s Congress of the People’s Republic of China
March 11, 2018 in Beijing
UPDATE (Feb. 26, 2018): This translation now also appears on China Law Translate.
The Communist Party today released full text of its proposals for amending the P.R.C. Constitution, which are translated below. In translating this document, we mostly followed the official English translation of the Constitution that is available on the NPC’s website. Some texts below are formatted to enhance readability. Our comments are in brackets. The translation is subject to further modifications.
As we have said before, the Constitutional Amendment eventually adopted by the NPC in March will most likely be identical to the following proposals, except for the use of maybe one or two characters or punctuations. No governmental or Party entity is publicly soliciting comments on the following proposals.
Decision of the Standing Committee of the National People’s Congress on Implementing the Constitutional Oath System
(Adopted by the 15th Session of the Standing Committee of the 12th National People’s Congress on July 1, 2015; Revised by the 33rd Session of the Standing Committee of the 12th National People’s Congress on February 24, 2018)
The NPC Standing Committee (NPCSC) conducted a second reading of the draft Supervision Law (监察法) in late December 2017, but has yet to release the second draft for public comments. With the 2018 NPC session only a month away, we think there is now no realistic possibility that the NPCSC will do so. That said, we do have a copy of the second draft that was released by the China Law Review on its WeChat account. For various reasons, including the fact that this document reflects all the changes made to the first draft as reported by statemedia, we are convinced of its authenticity.
Order of the President of the People’s Republic of China
The National Anthem Law of the People’s Republic of China, having been adopted by the 29th Session of the Standing Committee of the 12th National People’s Congress on September 1, 2017, is hereby promulgated, to take effect on October 1, 2017.
XI Jinping, President of the People’s Republic of China
September 1, 2017
Last month, the NPC Standing Committee (NPCSC) conducted an initial review of a draft National Anthem Law (Draft) (an English translation of which is attached to this post). Much of the media coverage so far has focused on provisions that ban the use of the national anthem at “inappropriate occasions” such as funerals and provide for up to 15 days of detention for “distorted or derogatory” rendition of the anthem, titled “March of the Volunteers.” With only 15 articles, the Draft contains language that is fairly easy to understand. We therefore won’t spend time scrutinizing its content here. Instead, we will take a look at likely developments surrounding the Draft, based on this report by Xinhua.