NPCSC Solicits Public Comments on Draft Revisions to Organic Laws of Courts and Procuratorates (UPDATED)

Update (September 7, 2017): China Law Translate has translated the two draft laws. Links are available in the text below.

The NPC Standing Committee (NPCSC) is now seeking public comments on the following two draft laws from September 4 to October 3:

  1. People’s Courts Organic Law (Draft Revision) (English translation) (人民法院组织法修订草案)
  2. People’s Procuratorates Organic Law (Draft Revision) (English translation) (人民检察院组织法修订草案)

Officials explanations are included in the PDFs for Chinese versions.

The draft revision of the People’s Procuratorates Organic Law is identical to the version leaked a few days before, which we summarized in this post. The NPCSC has also posted an “authoritative explanation” (in Chinese) of the draft revisions.

To submit comments online, please refer to these instructions. The dropdown list for “Occupation” (职业) includes a new first item called “Judicial workers” (司法工作者); the original one is changed to “Employees of other state organs” (其他国家机关工作人员).

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.

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29th Session Watch Pt. 2: NPCSC Passes New Laws, Institutes New National Legal Profession Qualification Exam

The 12th NPC Standing Committee (NPCSC) concluded its 29th session last Friday. Regarding legislation, it passed a National Anthem Law and a Nuclear Safety Law, revised the Small and Medium-sized Enterprises Promotion Law, and amended eight laws to replace the current national judicial exam with a unified national legal profession qualification exam.

Continue reading “29th Session Watch Pt. 2: NPCSC Passes New Laws, Institutes New National Legal Profession Qualification Exam”

Draft Revision of Procuratorates Organic Law Leaked

On Saturday, the WeChat public account “刑法库” published what it claims to be the draft revision (“Draft”) of the People’s Procuratorate Organic Law (“Law”)—along with an accompanying explanation prepared by the NPC Internal and Judicial Affairs Committee (“Committee”)—that is due to be reviewed by the NPCSC this week. For various reasons not elaborated here, we believe the Draft is authentic.

The Draft is dated August 18, 2017, when the Council of Chairmen convened to set the dates and agenda for the NPCSC session this week. Because draft laws aren’t subject to revision between a Council of Chairmen meeting and the ensuing NPCSC session, the version of the draft revision we expect the NPCSC to release after this week’s session should be identical to the Draft.

Here is the Draft in PDF, with the explanation attached. An English translation is not yet available, but we’ll summarize the changes made by the Draft—which are not necessarily new in practice—in bullet points below. Please refer to this post for background information on the ongoing process to revise the Law.

Continue reading “Draft Revision of Procuratorates Organic Law Leaked”

29th Session Watch Pt. 1: NPCSC to Consider Revisions of Laws Organizing China’s Judicial System

The Council of Chairmen met on August 18 and decided that the 29th—and fourth last—session of the 12th NPC Standing Committee (NPCSC) will take place from August 28 to September 1. The agenda proposed by the Council of Chairmen is explained below.

Continue reading “29th Session Watch Pt. 1: NPCSC to Consider Revisions of Laws Organizing China’s Judicial System”

NPC Standing Committee Schedules Major Legislations for 2017

The 12th NPC Standing Committee (NPCSC) today finally released its much-anticipated legislative and supervisory plans for 2017. Here we will focus on the legislative plan, leaving the supervisory plan for another blog post. According to the 2017 legislative plan, a total of 23 legislative projects are tentatively scheduled (as the plan is subject to change) for the remaining four NPCSC sessions this year, with dozens more listed as preparatory projects. Among them, there is certainly no lack of blockbuster legislations, whether relating to China’s judicial reform, anti-corruption drive, environmental protection, or economic and social development in general.

Continue reading “NPC Standing Committee Schedules Major Legislations for 2017”