NPCSC Abolishes “Custody & Education” Detention System, Revises Securities Law & Approves Community Corrections Law, Civil Litigation Reform Pilot

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”

NPCSC Session Watch: Civil Code, Securities Law, Yangtze River Protection, Taiwanese Investments & Export Control (Updated)

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)”

NPCSC Seeks Public Comments on Draft Healthcare Law & Civil Code Parts on Personality Rights & Tort Liability

The NPC Standing Committee (NPCSC) is soliciting public comments on the following three bills through September 26, 2019:

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 Law on Governmental Sanctions for Public Employees [公职人员政务处分法] 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 these instructions. 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.


If you like this Blog, please consider subscribing to our blog posts, following us on Twitter, or liking us on Facebook—and making a donation!

NPCSC Session Watch: Public Health Laws, Civil Code & Supervision Law Companion Statute

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”

NPC Calendar: December 2018 (UPDATED)

UPDATE (Dec. 5, 2018): The State Council’s executive meeting, its top decision-making body, approved a draft amendment to the Patent Law [专利法] on Wednesday (December 5). The draft amendment may have replaced a draft revision to the Law that was released for public comments in 2015 for it seems to make similar changes as the draft revision (based on the brief press release of the State Council’s meeting). The NPCSC will likely review the draft amendment at its upcoming session.


The 13th NPC Standing Committee (NPCSC) is expected to convene for its seventh session late this month. The Council of Chairmen is expected to meet in mid-December to decide on the dates and agenda of the session.

According to the NPCSC’s 2018 legislative plan, the following bills have been tentatively scheduled for the upcoming session:

The draft Farmland Occupancy Tax Law [耕地占用税法] and Vehicle Acquisition Tax Law [车辆购置税法] will likely return for their second (and likely final) round of deliberations.

The State Council may also submit for review a draft Vaccine Administration Law [疫苗管理法] (on which it solicited public comments for two weeks in November).

The pilot reform to combine the maternity insurance fund and the basic medical insurance fund will expire on December 31. We expect the State Council to either request an extension of the pilot or submit an amendment to the Social Insurance Law [社会保险法].

The pilot reform that allows the rights to use cultivated land and house sites [宅基地] to be mortgaged will also expire on December 31. The State Council may submit amendments to the Property Law [物权法] and the Guaranty Law [担保法] to codify the reform. Alternatively, it may request yet another extension—the pilot was already extended once for one year in late 2017—until the Civil Code (which will replace those two laws) is enacted.

Another land reform pilot—which allows the transfer of the right to use collectively owned land for construction [集体建设用地使用权]; adjusts the approval authority over house sites; and revises the standards for compensating the expropriation of collectively owned land—will expire, again, on December 31. The State Council will likely submit an amendment to the Land Management Law [土地管理法] and possibly also an amendment to the Urban Real Estate Administration Law [城市房地产管理法] (certain provisions of these two laws are being suspended during the pilot).

Lastly, a pilot reform of the civil service system will expire on January 1, 2019. As the NPCSC is already reviewing a draft revision to the Civil Servants Law [公务员法] that codifies the reform, we expect it to extend the pilot until the revision is adopted.

The NPCSC is also expected to adopt a decision to convene the 2019 NPC session (the 2nd Session of the 13th NPC) at its upcoming meeting.


If you like this Blog, please consider subscribing to our blog posts, following us on Twitter, or liking us on Facebook—and making a donation!