Tag: Oversight Law

NPCSC Session Watch: Fiscal Stimulus(?), People’s Congress Reforms, Energy, Arbitration, Maritime Law & Sci-Tech Popularization

UPDATE (Nov. 11, 2024): On November 8, the NPCSC adopted the Preschool Education Law (effective June 1, 2025) and the Energy Law (effective Jan. 1, 2025); revised the Cultural Relics Protection Law (effective Mar. 1, 2025), Mineral Resources Law (effective July 1, 2025), and Anti–Money Laundering Law (effective Jan. 1, 2025); and amended the Oversight Law (effective immediately). It also extended the pilot program to suspend two provisions of the Metrology Law in six cities for three years, and approved an increase in local government debt limits to repay hidden debt.

UPDATE (Nov. 4, 2024): According to the readout of the session’s opening meeting, the NPCSC is also reviewing a bill submitted by the State Council to “increase the local government debt limit to swap existing hidden debt,” which it is expected to approve on November 8. The NPCSC may be reviewing additional, as-yet undisclosed fiscal measures. In addition, the readout shows that the NPCSC is expected to approve the draft Oversight Law amendment at this session.

Photo by David Grant/Flickr. CC BY-NC 2.0.

China’s top legislature, the 14th NPC Standing Committee (NPCSC), will convene for its twelfth session from November 4 to 8, the Council of Chairpersons decided on Friday, October 25. This session should have been held in late October, but has been postponed for reasons unknown. Two bills that the NPCSC recently discussed at its previous session—which was itself postponed—will return for further review, so the legislature might have needed additional time to prepare new drafts. Or the delay might have been necessary to place a highly anticipated stimulus package on the agenda, though the readout of the Council’s meeting disclosed no such bill. But that is not the end of the story, as we will explain shortly. According to the Council’s proposed agenda, the session will consider 11 legislative bills, which we also preview below.

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NPCSC Session Watch: Chinese-Style Constitutional Review, Legislative Oversight, Charity Regulation, Border Health, Emergency Management & Mineral Resources (Updated)

China’s top legislature, the 14th NPC Standing Committee (NPCSC), will convene for its seventh session from December 25 to 29, the Council of Chairpersons decided on Monday, December 18. The session’s tentative agenda includes twelve legislative bills, which we preview below.

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Recording & Review: An Introduction to Constitutional Review with Chinese Characteristics

Editor’s Note (Sept. 2, 2020): This post is outdated and has been superseded by a more recent introduction to “recording and review,” which discusses the latest governing rules.

On October 18, 2017, halfway through his mind-numbing three-hour report to the Communist Party’s 19th National Congress, President Xi Jinping called for “advancing the work of constitutional review” [推进合宪性审查工作]. We then noted, and Chinese media later confirmed, that it was the first time such expression appeared in Party documents. While the expression might be novel, the concept of constitutional review is not—it has been an inherent part of “recording and review” (“R&R”) [备案审查] since at least 1982. For purposes of our discussion,1 R&R is a process whereby various governmental entities with lawmaking powers record the legislation they enact with the NPC Standing Committee (NPCSC), and the NPCSC then, through several established mechanisms, review such legislation for potential violations of the Constitution and national laws and take appropriate actions. The primary goal is to ensure uniformity in the hierarchical legal system.

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Analysis: NPC Standing Committee’s 2017 Oversight Plan

The NPC Standing Committee (NPCSC) released its 2017 oversight plan (Plan) in early May, and this post presents an overdue analysis of it. Here, we will not list each and every project in the Plan (unlike our previous analysis of the NPCSC’s 2017 legislative plan), but will instead offer a few observations about the Plan. A partial translation of the Plan, including more detailed descriptions of the projects, can be found at the end of this post.

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