In the first installment of the Recording & Review series, we presented a comprehensive introduction to the recording and review (R&R; 备案审查) process in the NPC Standing Committee (NPCSC). Beginning with this installment, we will examine cases where citizens and organizations successfully challenged the legality of normative documents using the R&R procedure. While these cases might not be new, a close examination of them will still offer us important insight into the R&R system—on how it actually operates and what its limitations are.
In July 2017, the Southern Metropolis reported that the Supreme People’s Procuratorate (SPP) had recently discontinued a controversial type of arrest after the NPCSC—more specifically its Legislative Affairs Commission (LAC)—reviewed its constitutionality and legality at the request of Mr. Miao Yongjun, an Inner Mongolian lawyer. Before recounting Mr. Miao’s encounter with the R&R system, we will first briefly introduce the now-abolished type of arrest invented by the SPP.
Continue reading “Recording & Review – Pt. 2: The Demise of “Conditional Arrest””
UPDATE (Nov. 22, 2017): This post has been updated with the explanations of two decisions passed by the 30th Session of the 12th NPCSC. See details below.
The 12th NPC Standing Committee (NPCSC) concluded its 30th Session last Saturday with the passage of various laws and decisions. This post is a quick rundown of the actions taken by the the NPCSC at the close of the session. Unfortunately, due to other things requiring much of our attention, this time we aren’t able to include the usual level of details as we did before. Apologies. Also, please let us know if any of the links below directs to the wrong webpage—we wrote this blog post in a hurry.
Continue reading “NPCSC Criminalized National Anthem Disrespect, Applied National Anthem Law to SARs & Authorized Nationwide Supervision System and Armed Police Reforms”
Update (June 22, 2017): According to the agenda and daily schedule of the 28th Session released today, a draft Supervision Law (监察法, formerly known as 国家监察法, or State Supervision Law) has been submitted to the NPCSC, as we predicted below. The NPCSC is scheduled to hear an explanation of the draft on Friday. We therefore will not have more information about the draft until then.
In addition, the NPC Law Committee has recommended that the NPCSC pass the National Intelligence Law and the amendment to the Water Pollution Prevention and Control Law. We expect both to be approved on July 27, the last day of the Session. We also expect the ongoing session to adopt draft amendments to the Administrative Litigation Law and the Civil Procedure Law—submitted by the Supreme People’s Procuratorate to empower people’s procuratorates nationwide to initiate public interest litigation. Such a process is currently being piloted in 13 provinces.
The 12th NPC Standing Committee (NPCSC) will convene for its 28th Session on June 22 through 27, the Council of Chairmen decided this afternoon. This post is a customary summary of the Session’s agenda as announced in this press release.
Continue reading “28th Session Watch Pt. 1: National Intelligence, Soil Pollution, National Anthem, and Others on Agenda—But No Sign of State Supervision (Yet) (UPDATED)”
Earlier this afternoon, at the closing meeting of its 27th Session, the 12th NPC Standing Committee (NPCSC) voted on and approved a series of legislative bills as well as decisions on personnel and reform of the judicial system. The following is a quick review of the actions taken by the NPCSC today.
Continue reading “27th Session Watch Pt. 2: NPCSC Concludes Session with New Laws, Decisions”
Last week, the 24th Session of the Standing Committee of the 12th National People’s Congress heard the Supreme People’s Procuratorate’s interim report on the reform pilots on people’s procuratorates initiating public interest litigation. The pilots were authorized by the NPCSC a little over a year ago in July 2015 for a period of two years. The following is an overview of the pilots, followed by a summary of the interim report.
Continue reading “One Year on: Reform Pilots on Procuratorates Initiating Public Interest Litigation”