NPCSC Solicits Public Comments on Draft Revision to Civil Servants Law and Three Other Bills

The NPC Standing Committee is now soliciting public comments on the following draft laws until December 1, 2018:

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).

Most notably, the draft revision to the Civil Servants Law seeks to strengthen the Communist Party’s control (or rather codify the Party’s already strengthened control) over China’s civil servants—a broad category that encompasses both those working in governmental bodies and also those working for political parties and other quasi-governmental entities (e.g., the CPPCC). Continue reading “NPCSC Solicits Public Comments on Draft Revision to Civil Servants Law and Three Other Bills”

NPCSC Session Watch: Anti-Corruption, Judicial Reform, Stock Buybacks, Drug Approval & Patent Litigation (UPDATED)

The NPC Observer turns two today! We thank our readers, subscribers, and donors for your support over the past two unforgettable years. We strive to continue delivering high-quality content in the (hopefully) many more years to come.


UPDATE (Oct. 22, 2018): According to the finalized agenda released on Monday, the State Council submitted for consideration a draft amendment to the Drug Administration Law [药品管理法] to codify the marketing authorization holder system (discussed below), among other changes. It appears that there will be an opportunity for public comments before this amendment passes.

In addition, the draft decision relating to patent litigation procedure (see below) is poised to authorize the Intellectual Property Division of the Supreme People’s Court (SPC) to hear (second-instance) appeals in all civil or administrative patent cases (other than those involving design patents) and certain other types of intellectual property cases involving technical expertise—thus bypassing provincial high courts. In other words, it looks like that the SPC’s IP Division will essentially act as China’s Federal Circuit. But whether the Division’s decisions are further reviewable is not clear at this point. As we said below, we expect the decision to pass this Friday, at which point we will have more information.


The Council of Chairmen decided on Monday (October 15) that the NPC Standing Committee (NPCSC) will hold a five-day session next week, from October 22 to 26. Absent any bill added at the last minute, the session is scheduled to review 12 legislative bills. Below is our usual rundown.

Continue reading “NPCSC Session Watch: Anti-Corruption, Judicial Reform, Stock Buybacks, Drug Approval & Patent Litigation (UPDATED)”

25th Session Watch Pt. 2: NPCSC Reviewing a Draft National Intelligence Law—in Secrecy

As was revealed late last Monday, the tentative agenda of the current NPCSC session (which we discussed in the last post) had undergone several changes. The most notable was a new draft law named National Intelligence Law. The press release of the first meeting of the 25th Session contained the following short paragraph on this draft law:

In order to strengthen and safeguard national intelligence efforts, and to defend national security and interests, the State Council submitted a draft National Intelligence Law for deliberation. Entrusted by the State Council, CHEN Wenqing, the Minister of State Security, made an explanation.

What was unusual, however, was the complete lack of media coverage of this law in the four days since. State media did not report on the content of the law, nor on the NPCSC members’ discussion of the law yesterday. While national security legislations are “sensitive” in nature, and their media coverage is normally tightly controlled, the absence of any report is still a deviation from the usual course of action.

Continue reading “25th Session Watch Pt. 2: NPCSC Reviewing a Draft National Intelligence Law—in Secrecy”

25th Session Watch Pt. 1: NPCSC to Consider E-Commerce Law and Several Reform Authorizations

The 12th NPCSC will convene for its next session, which will be the last one in 2016, from December 19 to 25, the Council of Chairmen decided on Monday. The Council also proposed a preliminary agenda for the 25th Session, which features six legislative bills, three authorizations of reforms, and several items pertaining to next year’s NPC plenary session and the upcoming 13th NPC. As usual, in the first part of this installment of Session Watch, we’ll take a look at the agenda of the upcoming session.

Continue reading “25th Session Watch Pt. 1: NPCSC to Consider E-Commerce Law and Several Reform Authorizations”