Xinhua News Agency, Beijing, March 5
Notes on the Legislative Law of the People's Republic of China (Revised Draft)
——At the First Session of the 14th National People's Congress on March 5, 2023
Wang Chen, Vice Chairman of the Standing Committee of the 13th National People's Congress
Dear delegates
I was entrusted by the Standing Committee of the 13th National People's Congress to make an explanation on the Legislative Law of the People's Republic of China (Revised Draft).
1、 Necessity and significance of modification
Legislation is an important political activity of the country. It is a process of transforming the Party's propositions and the people's will into the national will through legal procedures. It is related to the overall development of the party and the country's cause. The legislative law is the basic law that regulates the national legislative system and legislative activities and maintains the unity of the socialist rule of law. The current legislative law of our country was adopted at the third session of the ninth National People's Congress in March 2000, and partially revised at the third session of the twelfth National People's Congress in March 2015. The promulgation and implementation of the legislative law has played an important role in improving the legislative system and mechanism, improving the legislative system, standardizing legislative activities, promoting the formation and improvement of the socialist legal system with Chinese characteristics with the Constitution as the core, and promoting the comprehensive rule of law.
Since the 18th National Congress of the Communist Party of China (CPC), the CPC Central Committee with Comrade Xi Jinping at its core has made a series of major arrangements for comprehensively governing the country according to law, promoted a series of major work and made historic achievements from the overall and strategic perspective of upholding and developing socialism with Chinese characteristics. General Secretary Xi Jinping elaborated on a series of major theoretical and practical issues of comprehensively governing the country according to law. Xi Jinping's thought on the rule of law provides fundamental guidance for comprehensively governing the country according to law and strengthening and improving legislative work in the new era. In 2019, the Fourth Plenary Session of the 19th CPC Central Committee decided to improve the legislative system and mechanism, adhere to scientific, democratic and legal legislation, and constantly improve the quality and efficiency of legislation. In 2021, the CPC Central Committee held the first working conference of the Central People's Congress, which made a comprehensive deployment for adhering to and improving the system of people's congresses and strengthening and improving the work of people's congresses in the new era, and clearly put forward the task requirements of accelerating the improvement of the socialist legal system with Chinese characteristics, promoting development with good laws and ensuring good governance. In October 2022, the report of the 20th National Congress of the Communist Party of China put forward new requirements for improving the socialist legal system with Chinese characteristics with the Constitution at its core.
To thoroughly implement Xi Jinping's Thought on Socialism with Chinese Characteristics for a New Era, especially Xi Jinping's Thought on the Rule of Law, practice the major concept of people's democracy in the whole process, and implement the major decisions and arrangements of the Party Central Committee, we need to carefully summarize the practical experience of legislative work in the new era, adapt to the new situation and new requirements of comprehensively promoting the overall layout of "five in one" and the strategic layout of "four comprehensive", The Opposition Law has been amended and improved to further improve the legislative system and mechanism, standardize legislative activities, and provide strong institutional support for improving the quality and efficiency of legislation, accelerating the formation of a complete legal norm system, building a socialist rule of law system with Chinese characteristics, and comprehensively building a modern socialist country on the rule of law track.
（1） The revision of the legislative law is an inevitable requirement for strengthening the Party's overall leadership over legislative work in the new era, and ensuring the implementation of the Party's line, principles, policies, and decisions through the rule of law
The leadership of the Party is the most fundamental guarantee for promoting the comprehensive rule of law and accelerating the construction of a socialist country under the rule of law, and is the soul of the socialist rule of law with Chinese characteristics. To do a good job of legislation in the new era, we must adhere to the highest political principle of the leadership of the Party. In 2018, the Central Committee of the Communist Party of China set up the Central Committee for the Comprehensive Rule of Law to strengthen the centralized and unified leadership of the Central Committee of the Communist Party of China for the comprehensive rule of law. In 2019, the Opinions of the Central Committee of the Communist Party of China on Strengthening the Political Construction of the Party proposed that the legal status of the work related to the leadership of the Party should be clearly defined in the formulation and revision of relevant laws and regulations. Revise the legislative law, highlight that legislation adheres to the leadership of the Communist Party of China, keep pace with the times, improve the statement on adhering to the guiding ideology of the party and the state, clarify the strategic goal of building a socialist legal system with Chinese characteristics, better promote the comprehensive rule of law in the new era, and ensure that the party's advocacy becomes the will of the state through legal procedures, It is of great significance to ensure the full implementation and effective implementation of the Party's line, principles, policies and decision-making arrangements from the legal system.
（2） The revision of the legislative law is the objective requirement of upholding and developing people's democracy throughout the process of the new era, and ensuring people's ownership through the rule of law
People's democracy is the life of socialism and the proper meaning of building a socialist modern country in an all-round way. People's democracy in the whole process is the essential attribute of socialist democratic politics, and it is the most extensive, authentic and effective democracy. Developing people's democracy throughout the process and ensuring that the people are masters of their own affairs is a task clearly put forward by the Party Central Committee. The legislative system and legislative activities must adhere to the people as the center, adhere to the dominant position of the people, comprehensively implement the major concepts and practical requirements of people's democracy throughout the process, make relevant arrangements in the legislative system, and ensure that the voice of the people and the information from the grassroots can be heard in all aspects of legislative activities and legislative work, Actively respond to the new requirements and expectations of the people, stand firmly on the people's position, grasp the people's aspirations, respect the people's creativity, and focus on the people's wisdom. Revising the legislative law to make it clear that legislation adheres to and develops people's democracy throughout the process, respects and safeguards human rights, and safeguards and promotes social fairness and justice, which is conducive to expanding the ways and forms for people to participate in legislation in an orderly manner and express their will and concerns, enriching the vivid practice of people's ownership in China, and institutionally ensuring that legislation is for the people, depends on the people, benefits the people, and protects the people.
（3） The revision of the legislative law is an important measure to promote the comprehensive rule of law, the rule of constitution and the building of a socialist country under the rule of law in the new era
The comprehensive rule of law is the essential requirement and important guarantee of socialism with Chinese characteristics, and is a profound revolution in national governance. Since the 18th National Congress of the Communist Party of China, the Central Committee of the Communist Party of China with Comrade Xi Jinping at its core has focused on safeguarding and promoting social fairness and justice, and has jointly promoted the rule of law, governance and administration in accordance with the law. It has adhered to the integrated construction of the rule of law country, the rule of law government and the rule of law society, and has promoted historic changes and achievements in China's socialist rule of law construction. Legislation is the premise and foundation of comprehensively governing the country according to law, and the primary link of building a socialist country ruled by law. In order to adapt to the new situation and new requirements of national reform and development, it is necessary to earnestly summarize the practical experience of legislative work in the new era and improve our legislative system and mechanism. An important purpose of amending the legislative law is to firmly grasp the key link of legislation, strengthen and improve the legislative work in the new era, improve the socialist legal system with Chinese characteristics with the Constitution as the core, build a socialist legal system with Chinese characteristics, and build a socialist country under the rule of law with Chinese characteristics, in accordance with the strategic deployment of the CPC Central Committee to comprehensively rule the country by law.
Since the 18th National Congress of the Communist Party of China, the Central Committee of the Communist Party of China with Comrade Xi Jinping at the core has placed the comprehensive implementation of the Constitution in a prominent position of comprehensively governing the country according to law, promoted the innovation of constitutional theory and practice, deepened the understanding of the laws of China's constitutional system construction, adopted a series of powerful measures to strengthen the implementation and supervision of the Constitution, and made important achievements and progress. The report of the Twentieth National Congress of the Communist Party of China stressed that to uphold the rule of law, we must first adhere to the rule of the Constitution, and require strengthening the implementation and supervision of the Constitution, improving the system to ensure the full implementation of the Constitution, giving better play to the important role of the Constitution in governing the country, and safeguarding the authority of the Constitution. The legislative system is one of the important contents of the Constitution. The Constitution makes basic provisions on the legislative system and legislative authority, and the legislative law makes systematic provisions on the legislative system, authority, procedure and legislative supervision system based on the Constitution, which is an important embodiment of the implementation of relevant provisions of the Constitution through law. Revising the legislative law, summarizing the practical experience of constitutional implementation and supervision, clarifying the links and requirements of constitutional review, and ensuring the implementation of the Constitution with a scientific, effective and systematic system are conducive to safeguarding the authority of the Constitution, safeguarding the unity, dignity and power of the socialist legal system, and constantly improving the ability and level of governing the country and governing in accordance with the Constitution.
（4） Revising the legislative law is a practical need to summarize the practical experience of correctly handling the relationship between reform and the rule of law in the new era, and better adhere to the unity of promoting reform under the rule of law and improving the rule of law in reform
Reform and the rule of law complement each other. General Secretary Xi Jinping pointed out that "reform and the rule of law are like two wings of a bird and two wheels of a car", emphasizing that "we should adhere to the unity and connection of reform and legislative decisions, and legislation should actively adapt to the needs of reform, and actively play the role of guiding, promoting, standardizing and guaranteeing reform". Since the 18th National Congress of the Communist Party of China, the National People's Congress and its Standing Committee have actively adapted to the needs of reform and opening up and economic and social development, adhered to the unity of promoting reform under the rule of law and improving the rule of law in reform, strengthened the work of reform related laws, and provided legal basis for promoting relevant reforms in a timely manner through "package" amendments, authorization decisions and reform decisions, We have ensured the smooth implementation of major reform measures in various fields such as the reform of Party and state institutions and economic and social development, and have formed some effective practices and experience. Revising the legislative law, summarizing the successful experience and beneficial practices of legislation in practice to actively adapt to the needs of reform and development, and improving the system and mechanism of legislation leading and promoting reform and innovation, will help to better achieve the unity and convergence of legislative decisions and reform decisions, provide legal support and legal protection for reform and development, and better give play to the rule of law, stabilize expectations Long term security.
2、 Revised guiding ideology, principles and work process
To amend the legislative law, we must hold high the great banner of socialism with Chinese characteristics, fully implement the spirit of the 20th National Congress of the Communist Party of China, adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implement Xi Jinping Thought on the Rule of Law, General Secretary Xi Jinping's important thought on upholding and improving the people's congress system, and deeply understand the decisive significance of the "two establishment", Strengthen the "Four Consciousness", strengthen the "Four Confidence", achieve the "Two Safeguards", unswervingly follow the path of socialist rule of law with Chinese characteristics, adhere to the organic unity of the Party's leadership, the people's ownership and the rule of law, promote scientific, democratic and legal legislation, further improve the legislative system, improve legislative procedures, standardize legislative activities, and improve legislative effectiveness, We will better provide legal protection for the all-round construction of a modern socialist country.
The principles followed in the revision work: First, conscientiously implement the spirit of the working session of the Central People's Congress and the major decisions and arrangements of the Party Central Committee, strengthen the Party's overall leadership over legislative work, and ensure the effective implementation of the Party's line, principles and policies by improving the legislative system and mechanism. The second is to adhere to the people as the center, adhere to and develop people's democracy throughout the process, give full play to the role of the People's Congress as the carrier of the democratic public opinion expression platform, improve the working mechanism to absorb public opinion and pool people's wisdom, and constantly expand and improve the ways and forms of people's orderly participation in legislation. The third is to adapt to the new requirements of the new era, summarize and absorb the practical experience of legislative work, adhere to the problem oriented and demand oriented, improve the legislative system and mechanism, and clarify the relevant work requirements. This revision of the legislative law is a partial revision, and it is necessary to revise and improve the legislative law if necessary; If it can be modified or not, it is generally not modified. Fourth, to meet the needs of comprehensively deepening reform, we should adhere to the principle that legislation and reform complement each other, coexist, advance synchronously, and integrate internally, so as to better play the important role of the rule of law in consolidating the foundation, stabilizing expectations, and benefiting the long-term. Fifthly, we should follow the principles and provisions of the Constitution, pay attention to handling the relationship with the newly revised Organic Law of the National People's Congress, the Rules of Procedure of the National People's Congress, the Rules of Procedure of the Standing Committee of the National People's Congress, the Local Organic Law and other laws in recent years, make a good connection, and enhance the systematicness, integrity, synergy and timeliness of legislation.
The Party Central Committee with Comrade Xi Jinping at its core attaches great importance to the revision of the legislative law. In September 2022, General Secretary Xi Jinping presided over a meeting of the Standing Committee of the Political Bureau of the Central Committee, listened to the deliberation and agreed in principle to the request and report of the Party Leadership Group of the Standing Committee of the National People's Congress on issues related to the draft amendment of the legislative law, which provided important guidance and compliance for the amendment of the legislative law.
According to the legislative work arrangement, the Law Working Committee of the Standing Committee of the National People's Congress started the revision of the legislative law at the beginning of 2022, solicited opinions from all sides and carefully studied, and proposed a draft amendment to the legislative law. During the period, the following work was mainly carried out: First, in-depth study and understanding of Xi Jinping's rule of law thought and General Secretary Xi Jinping's important statement on legislative work, comprehensively combing the major decisions and work requirements of the CPC Central Committee on strengthening and improving legislative work since the 18th National Congress of the Communist Party of China. Second, we carefully sorted out the relevant proposals, suggestions and proposals put forward by deputies to the National People's Congress and members of the National Committee of the Chinese People's Political Consultative Conference in recent years, and organized special studies on issues related to the amendment of the legislative law. Third, we have held many symposiums to listen to the opinions and suggestions of the central and relevant state departments, the special committees and working bodies of the Standing Committee of the National People's Congress, local people's congresses, and some experts and scholars. The fourth is to print and distribute the revised draft to the relevant departments of the central and state, the working organs of the special committees and standing committees of the National People's Congress, the standing committees of the people's congresses of provinces (autonomous regions, municipalities directly under the Central Government) and some cities divided into districts, grass-roots legislative contact points, some colleges and universities and research institutions for comments. Fifthly, carry out special research in some places to deeply understand the new practice and new experience of local legislative work in recent years.
In October 2022, the 37th session of the Standing Committee of the 13th National People's Congress conducted the initial deliberation on the draft amendment to the Legislative Law. Members of the Standing Committee generally believe that the revised draft thoroughly implements Xi Jinping's thought on the rule of law, the important thought of General Secretary Xi Jinping on adhering to and improving the system of the People's Congress, comprehensively implements the spirit of the 20th CPC National Congress, the spirit of the working session of the Central People's Congress, and the major decisions and arrangements of the Party Central Committee, summarizes and absorbs new experience and new achievements in legislative practice in the new era, Deeply promote scientific, democratic and legal legislation, improve the guiding ideology and principles of legislation, improve the implementation and supervision system of the Constitution, and improve the legislative authority, procedures and record review system, which will help improve the quality and efficiency of legislation, and make the legal system more scientific, complete and unified, To provide a more solid legal guarantee for building a modern socialist country in an all-round way. In December 2022, the 38th Session of the Standing Committee of the 13th National People's Congress reviewed the draft amendment to the Legislative Law again, and believed that the second review draft of the amended draft implemented the major decisions and arrangements of the Party Central Committee, better absorbed the review opinions of members of the Standing Committee and opinions from all aspects, and has become mature, Decides to submit the draft amendment to the Legislative Law to the first session of the 14th National People's Congress for deliberation.
After deliberation at two sessions of the Standing Committee of the Thirteenth National People's Congress, the draft amendment to the Legislative Law was published in full on the website of the National People's Congress twice for public comments. The General Office of the Standing Committee of the National People's Congress will print and distribute the revised draft to the deputies to the 14th National People's Congress, organize and deploy the deputies to the National People's Congress to study, discuss and solicit opinions. On February 16, 2023, the Constitution and Law Committee of the 13th National People's Congress held a meeting to further revise and improve the draft amendment to the Legislative Law in accordance with the deliberation opinions of the members of the Standing Committee of the National People's Congress, the opinions put forward by the deputies during their study and discussion, and the opinions of all parties. The Constitution and Law Committee of the National People's Congress believes that the draft amendment to the Legislative Law has fully absorbed the opinions and suggestions of all parties and is relatively mature after two sessions of deliberation of the Standing Committee of the National People's Congress, extensive solicitation of opinions, and repeated amendments and improvements. Accordingly, the Legislative Law of the People's Republic of China (Revised Draft) was formed for consideration at this meeting.
3、 Main contents of the revised draft
There are 37 articles in the Legislative Law of the People's Republic of China (Revised Draft), and the main amendments are as follows:
（1） Improve the guiding ideology and principles of legislation. According to the new situation and new requirements, we should enrich and improve the guiding ideology and principles of legislation. First, we implemented the provisions of the Constitution and the spirit of the 20th National Congress of the Communist Party of China, improved the guiding ideology of legislation to keep pace with the times according to the major theoretical innovations of the Party in the new era, changed Article 3 of the current legislative law into two articles, and made it clear that legislation should adhere to the leadership of the Communist Party of China, adhere to Marxism Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of "Three Represents" Under the guidance of the Scientific Outlook on Development and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, we should promote the construction of a socialist legal system with Chinese characteristics and ensure the comprehensive construction of a modern socialist country on the track of the rule of law (Article 1 of the revised draft); Legislation should focus on economic development, adhere to reform and opening up, implement the new development concept, and ensure that the great rejuvenation of the Chinese nation is comprehensively promoted through Chinese style modernization (Article 1 of the revised draft). The second is to improve the principle of legislation in accordance with the Constitution and the law, and amend Article 4 of the current legislative law to read: Legislation should comply with the provisions, principles and spirit of the Constitution, and safeguard the unity, dignity and power of the socialist legal system in accordance with the statutory authority and procedures, starting from the overall interests of the country (Article 2 of the draft amendment). Third, we should improve the principles of democratic legislation, implement the spirit of the Twentieth National Congress of the Communist Party of China and the major concept of people's democracy in the whole process, and add a provision in Article 5 of the current legislative law: legislation should adhere to and develop people's democracy in the whole process, respect and protect human rights, and safeguard and promote social fairness and justice (Article 3 of the revised draft). Fourth, implement the deployment requirements of the CPC Central Committee on integrating socialist core values into the construction of the rule of law, and add provisions: legislation should advocate and promote socialist core values, adhere to the combination of rule of law and rule of virtue, build a strong sense of the Chinese national community, and promote the construction of socialist spiritual civilization (Article 4 of the revised draft). The fifth is to clarify the principle requirements for the convergence and unity of legislative decision-making and reform decision-making, and add provisions: legislation should meet the needs of reform, adhere to the unity of promoting reform under the rule of law and improving the rule of law in reform, guide, promote, standardize and guarantee relevant reforms, and give play to the important role of the rule of law in the modernization of national governance system and governance capacity (Article 5 of the revised draft).
（2） Clarify the requirements related to constitutional review. In accordance with the spirit of the Constitution and the deployment requirements of the Central Committee of the Communist Party of China on promoting constitutional review, we summarized the practical experience in recent years. First, we clarified the requirements for constitutional review in the process of drafting and deliberation of legal cases, and added provisions: the description of draft laws should include relevant opinions on constitutional issues; The Constitution and Law Commission shall explain the constitutionality issues involved in the law case in the report on the revision or the report on the review results (Articles 10, 12 and 18 of the draft amendment). The second is to clarify the constitutional review requirements in the record review work, and add provisions: if the relevant state organs believe that there are constitutional and legal issues in administrative regulations, local regulations, autonomous regulations and separate regulations, they can submit a written request to the Standing Committee of the National People's Congress for review; The subjects and procedures for dealing with problems of constitutionality and legality are specified (Articles 30 and 31 of the revised draft). In addition, the relevant provisions of the 2018 Amendment to the Constitution and the relevant decisions of the Standing Committee of the National People's Congress were implemented, and the "Law Committee" in the current legislative law was revised to "Constitution and Law Committee" (Article 10, 12, 31, and Item 2 of Article 37 of the draft amendment).
（3） We will improve the institutional mechanisms that link legislative decision-making with reform decision-making. To implement the requirements of the Central Committee of the Communist Party of China, summarize practical experience, and make the following modifications and improvements according to the opinions of relevant parties: First, improve the provisions on the exclusive legislative power of the National People's Congress and its Standing Committee, and change the "arbitration system" in legal matters that can only be formulated into the "basic arbitration system" (Article 7 of the revised draft). Second, according to the mature experience and practices in practice, we should improve the provisions of Article 13 of the current legislative law on authorization decisions, and make it clear that the National People's Congress and its Standing Committee can, according to the needs of reform and development, decide to temporarily adjust or temporarily suspend the application of some provisions of the law on the authorization of "specific matters" within the "specified period and scope"; At the same time, provisions are added: for matters that temporarily adjust or temporarily suspend the application of some provisions of the law, the National People's Congress and its Standing Committee shall timely amend the relevant laws if it proves feasible in practice; If the conditions for amending the law are not yet ripe, the period of authorization may be extended, or the relevant legal provisions may be resumed (Article 8 of the draft amendment). The third is to add provisions: the State Council may, according to the needs of reform and development, decide to temporarily adjust or temporarily suspend the application of some provisions of administrative regulations on specific matters in the field of administration within the specified time limit and scope (Article 23 of the revised draft).
（4） We will improve the legislative authority, legislative procedures and working mechanisms of the National People's Congress and its Standing Committee. In recent years, the National People's Congress and its Standing Committee have taken many innovative measures to strengthen and improve the legislative work and improve the legislative system and mechanism. Summarizing practical experience, the legislative authority, legislative procedures and working mechanism of the National People's Congress and its Standing Committee were modified and improved as follows: First, according to practical needs, it was further clarified that the National People's Congress and the Standing Committee of the National People's Congress exercised national legislative power "in accordance with the Constitution", It is also added that the National People's Congress may authorize the Standing Committee of the National People's Congress to enact laws (Article 6 of the revised draft). Second, in accordance with practical practices, and in line with the revised rules of procedure of the National People's Congress, it was further clarified that the Standing Committee could organize representatives to study and discuss the legal bills it decided to submit to the session of the National People's Congress for deliberation, and solicit their opinions (Article 9 of the revised draft). Third, to meet the need of emergency legislation under special circumstances, it was added that a legal bill included in the agenda of the Standing Committee meeting, in case of emergency, could also be submitted to the vote after a meeting of the Standing Committee (Article 11 of the revised draft). Fourth, we improved the procedures for the termination of deliberation of legal cases, and revised the provisions of the current legislative law on the termination of deliberation of legal cases to: legal cases listed in the Standing Committee meeting for deliberation were shelved for two years due to major differences of opinion on major issues such as the necessity and feasibility of enacting the law, Or if it has not been put on the agenda of the Standing Committee meeting again after two years due to the suspension of voting, the Chairman's Meeting may decide to terminate the review and report to the Standing Committee; When necessary, the Chairman's Meeting may also decide to postpone the deliberation (Article 13 of the revised draft); Fifthly, according to practical needs, on the basis of the existing legislative law, which stipulates that relevant state organs can put forward legal interpretation requirements to the Standing Committee of the National People's Congress, it is clear that the State Council, the Central Military Commission, the State Supervision Commission, the Supreme People's Court, the Supreme People's Procuratorate and the special committees of the National People's Congress can "put forward relevant legal bills" to the Standing Committee of the National People's Congress (Article 14 of the revised draft). Sixth, implement the requirements of the Central Committee of the Communist Party of China on promoting scientific, democratic and legal legislation, enriching legislative forms, coordinating legislative reform, abolishing interpretation and codification, summing up practical experience, and adding provisions: the National People's Congress and its Standing Committee adhere to scientific, democratic and legal legislation, and strengthen the systematization of legislation by formulating, amending, abolishing, interpreting laws, and compiling codes Integrity, synergy and timeliness (Article 15 of the revised draft); When the National People's Congress and its Standing Committee make decisions on legal issues, the relevant provisions of this Law shall apply (Article 17 of the revised draft). Seventh, sum up practical experience and add provisions for "special legislative plan" (Article 16 of the revised draft); The working body of the Standing Committee of the National People's Congress formulates legislative technical norms (Article 20 of the revised draft); The working body of the Standing Committee of the National People's Congress has strengthened legislative publicity, releasing legislative information, introducing information and responding to concerns through various forms (Article 22 of the revised draft). Eighth, summarize practical practices, and clarify that after the signing and promulgation of the law, the legal text, the announcement issued, the explanation of the draft, and the report on the review results should be published in the bulletin of the Standing Committee of the National People's Congress, the website of the People's Congress of China, and newspapers distributed nationwide (Article 19 of the revised draft); At the same time, it is further clarified that after the promulgation of local laws and regulations, the texts of laws and regulations as well as the published announcements, the explanations of the draft and the report on the review results should also be made public accordingly (Article 26 of the revised draft). Ninth, in accordance with the spirit and practice of the Central Committee of the Communist Party of China, the position and role of grassroots legislative contact points were clarified, and provisions were added: the working organs of the Standing Committee of the National People's Congress set up grassroots legislative contact points according to actual needs, and in-depth listened to the opinions of grassroots people and relevant parties on the draft law and legislative work (Article 21 of the revised draft).
（5） Relevant contents shall be supplemented to adapt to the reform of the supervision system. According to the provisions of the Constitution and the Supervision Law, in conjunction with the Organic Law of the National People's Congress and other relevant laws and decisions, the relevant contents of the supervisory committee have been supplemented and improved as follows: First, it is clear in the provisions on legislative authority that the creation, organization and functions and powers of the supervisory committee are matters that can only be formulated by law (Article 7 of the draft amendment). Second, it is clear in the provisions of the relevant legislative procedures that the National Supervisory Commission can put forward legal proposals, review relevant regulations and other requirements to the National People's Congress and its Standing Committee (Article 30, Item 1 of Article 37 of the revised draft). The third is to add provisions: the National Supervisory Commission formulates supervisory regulations in accordance with the Constitution, laws and decisions of the Standing Committee of the National People's Congress and reports them to the Standing Committee of the National People's Congress for the record (Article 36 of the revised draft).
（6） Improve the authority and procedures of local laws and regulations. According to the new situation and needs, we summarized practical experience, and revised and improved the legislative authority and procedures of local laws and regulations. First, regarding the issue that a city divided into districts can exercise local legislative power, we revised "environmental protection" to "ecological civilization construction", and added provisions on "grassroots governance" (Articles 24 and 28 of the revised draft). The second is to implement the national regional coordinated development strategy, and add provisions according to local practical experience: the people's congresses and their standing committees of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, autonomous prefectures may, according to the needs of regional coordinated development, work together to formulate local regulations and implement them in their own administrative regions or relevant regions; Provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts and autonomous prefectures may establish a mechanism for regional collaborative legislative work (Article 25 of the revised draft). The third is to expand the main body of formulating regulations. According to the relevant legal provisions and practical needs, "the organization specified by the law" is added to the main body of formulating departmental regulations (Article 27 of the revised draft).
（7） We will improve the filing and review system. It is an important system to maintain the unity of the country's rule of law to implement the record review of laws, regulations and other normative documents. Implement the spirit of the Party Central Committee, summarize the practical experience in recent years, and further improve the filing and review system. First, improve the active review system, clarify the relevant content of special review, and amend the third paragraph of Article 99 of the current legislative law to include a separate article. The first paragraph stipulates that the special committees of the National People's Congress and the working bodies of the Standing Committee can actively review administrative regulations, local regulations, autonomous regulations and separate regulations submitted for filing, and can carry out special reviews as needed; One paragraph is added as the second paragraph: the filing and examination institution of the State Council can actively review the local regulations, autonomous regulations and separate regulations, departmental rules and regulations formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government submitted for filing, and can conduct special reviews as needed (Article 29 of the revised draft). The second is to establish and improve the linkage mechanism of filing and examination, and add provisions: the filing and examination authorities should establish and improve the linkage mechanism of filing and examination, and transfer the examination requirements or suggestions that should be handled by other authorities to the relevant authorities in a timely manner (Article 33 of the revised draft). Third, implement the spirit of the Party Central Committee, summarize practical practices, clarify the system for sorting out laws and regulations, and add provisions: laws, administrative regulations, local regulations, autonomous regulations and separate regulations, rules and other normative documents should be sorted out in accordance with the principle of maintaining the unity of the legal system and the needs of reform and development (Article 34 of the revised draft).
In addition, some modifications and improvements have been made in terms of language expression and legal cohesion, and the order of individual articles has been adjusted.
Please consider the Legislative Law of the People's Republic of China (Revised Draft) and the above explanation.
[Editor in charge: Liu Jianwei]
